The provision for enrollment of new members in the Scheme of Administration is directory, not mandatory, and a prior decision on membership induction cannot be questioned in subsequent complaints if not appealed.

JUDGMENT :

Manoj Kumar Gupta, C.J.

1. The present intra court appeal is directed against the order and judgment of learned Single Judge dated 30.12.2025, passed in Writ Petition (M/S) No. 1795 of 2024.

2. The writ petition was filed by non-appellant no. 1 (hereinafter referred to as ‘the petitioner’). It had challenged orders dated 15.03.2024, 28.06.2024 and 29.06.2024 passed by respondent no.3 Regional Additional Director, Secondary Education, Garhwal Region, District Pauri Gahwal. By order dated 15.03.2024, the Regional Additional Director, acting on a complaint made by respondent no. 5- the past President of Rashtriya Inter College, Rohalki, Bahadrabad, District Haridwar, in respect of induction of 89 members in the general body of the society, which runs the institution, held that the induction was illegal and consequently the unopposed election of the petitioner-Committee of Management becomes doubtful. He accordingly directed the District Education Officer to cancel the enrolment of new members and appoint Authorized Controller for holding fresh elections. By order dated 28.06.2024, the Regional Additional Director has reiterated the earlier order dated 15.03.2024 and by order dated 29.06.2024, he appointed an Authorized Controller for running the Rashtriya Inter College, Rohalki, Bahadrabad, District Haridwar (hereinafter referred to as ‘the college’).

3. The petitioner claimed to be elected in a meeting held on 10.04.2023 by the authorized controller. The election was approved by the Chief Education Officer on 15.04.2023. The challenge to the orders passed by the Regional Additional Director was based on the ground that in the past also the appellant herein, i.e., Anuj Singh Chauhan, questioned the induction of 89 members on the ground that they were inducted within 6 months of the expiry of the term of the Committee of Management, contrary to Clause-7 of the approved Scheme of Administration and therefore, the induction of new members was illegal. The relevant part of the said clause is as follows:

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4. The challenge was duly entertained and inquired into by the Chief Execution Officer and ultimately, by order dated 07.02.2023, the Chief Education Officer held that the members were duly inducted. Accordingly, he approved the list of members. The case of the petitioner in the writ petition was that the said order had attained finality, as it was not challenged in appeal before the Regional Additional Director, Secondary Education, which was permissible under Clause 13 (2) of the Scheme of Administration. Thereafter, the election was held on 10.04.2023 by the Authorized Controller and the same was duly approved on 15.04.2023. After the election was held, the appellant questioned the validity of the elections by means of a complaint dated 10.03.2024 by again racking up the issue relating to alleged wrongful induction of members before the Additional Director of Education though the order of Chief Education Officer dated 07.02.2023 had attained finality as no appeal was preferred against the said order. It was also the case of the petitioner that, in any event, the appellant was questioning the election of the Committee of Management and, for which the remedy was available under Section 25 of the Societies Registration Act.

5. The learned Single Judge has examined the issues in great detail and has thereafter recorded the following findings:-

(