Back
2023 Supreme(Online)(KER) 2198
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
M.R.MOHANACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 1742/2021
P.D.SARANGADHARAN, SRI.SHIBU JOSEPH, SRI.AJITH VISWANATHAN, SHRI.N.MANOJ KUMAR, SRI.P.G.PRAMOD, SRI. S RAMESH, SRI. ANTONY MUKKATH
The court upheld the principle that a registered society's governance must comply with its MoA and relevant laws, limiting governmental interference in its operations.
Headnote:
Governing Body - Society Regulations - Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 - Section 18, Section 19, Section 25 - The court ruled that the government lacks authority to unilaterally alter the qualifications for the Director's post without compliance from the Governing Body as per the society's MoA and governing regulations.
Fact of the Case:
The petitioner challenged the government's order refixing qualifications for the Director of a society (C-DIT), asserting that it violated the society's Memorandum of Association and the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.
Finding of the Court:
The court found that the government cannot amend the qualifications for the Director's post without the Governing Body's approval, as the society operates independently within the legal framework and is not a government body.
Issues: Whether the government had the authority to unilaterally change the qualifications for the Director of C-DIT without following the proper procedure outlined in the society's MoA and the relevant Act.
Ratio Decidendi: The court determined that the alterations made by the government lacked legal authority and infringed upon the society's autonomy, which is protected under Section 18 of the Act.
Final Decision: The petition was allowed, quashing the government's order and all subsequent actions taken based on it.
JUDGMENT
This writ petition is filed by the petitioner, who is presently working as Deputy Director (E-Governance Implementation Division/ Engineering Services Division) of the Centre for Development of Imaging Technology (C-DIT), seeking to quash GO (MS) No.22/2020/ITD dated 28.10.2020 (produced as Ext.P13), by which the qualification of appointment to the post of Director of the C-DIT has been refixed by the Government. The petitioner has also sought to quash Ext.P14 issued by the Government constituting a committee to search out persons for the post of Director of the 2nd respondent in accordance with Ext.P13 amended qualifications.
2. To appreciate the contentions of the petitioner herein, the brief facts are required to be stated.
a. ‘Centre for Development of Imaging Technology Society’
(C-DIT) is a society registered under the Travancore Cochin Literary, Scientific, and Charitable Societies Registration Act, 1955 (Act XII of 1955). The society was set up by the Kerala State Film Development Corporation to expand its sphere of activities and for carrying out research and training in electronic media. The Chief Minister of Kerala is the Chairman of the Governing Body (GB) of C-DIT, the Secretary (Electronics and IT Department) is the Vice Chairman, the E&IT Department is the Chairman of the Executive Committee, and the Director (C-DIT) is the Vice Chairman. The members of the Governing Body and Executive Committee comprised of Government officials and others nominated by the Government.
b. The Memorandum of Association (MoA) and Rules and Regulations of C-DIT was notified by Government Order dated 14.12.1988 and a copy of the same has been produced before this Court by the respondents as Ext.R1(a).
c. Rule 6 of the Rules and Regulations of the C-DIT [R1(a)]
provides for Constituents of the Society. Rule 6(v) deals with the Director.
The same reads as under:
(v) The Director shall be a full-time salaried officer and shall be appointed by the Government from among eminent educationists, mass communicators, and science workers.
d. Rule 10 provides for a Governing Body and details the powers vested in the Body. Rule 10(2) provides as under:
10(2) The overall management and administration of the society and its properties shall vest in the Governing Body.
e. Rule 24 deals with the general provisions. Rule 25 confers certain residuary powers on the Government, and Rule 26 deals with certain matters which require the prior approval of the Government.
24. GENERAL:- (1) The provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act 1955 (Act XII of 1955) shall apply to the society in all matters, including winding up.
(2) xxxxx (3) xxxxx
25. Notwithstanding anything contained in any of these articles, the Government may from time to time issue such directions or instructions as the Government may consider necessary in regard to the affairs or the conduct of the business of the society or the Governing Body thereof and in like manner, vary and annul any such directions or instructions and the Governing Body shall duly comply with and give immediate effect to the directions or instructions so issued.
26. The following matter shall require the prior approval of the Government.
(i) Appointment of the post of the Director, Registrar, and to all posts carrying a minimum basic salary of Rs.1500/- or more.
xxxxxx xxxxxxx (vii) Framing and amendment of Rules regarding the conditions of service of the employees of the society.
27. In case of doubt regarding the interpretation of any of these rules or any matter regarding the working of the society, the decision of the Government thereon shall be final and legally binding subject to the provisions of the Act.
f. While so, in the 76th meeting of the Executive Committee of C-DIT, which was held on 30.01.2019, a decision was taken to recommend, subject to ratification of the Government Body of C-DIT, the qualifications/criteria proposed to be fixed for selection to the post
