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Allahabad High Court · body

1988 DIGILAW 290 (ALL)

Committee of Management of Hindu Inter College, Kosi Kalan v. Regional Deputy Director of Education, Agra Region, Agra

1988-03-24

A.N.VERMA, M.M.LAL

body1988
JUDGMENT A.N. Verma, J. - The petitioners claiming to represent the management of the Hindu Intermediate College, Kosi Kalan, Mathura are aggrieved by the order dated 30-5-1986 passed by the Regional Deputy Director of Education, Agra in the purported exercise of powers under S. 16-A(7) of the Intermediate Education Act recognising the committee headed by Mathura Prasad Sharma as President and Sri Ram Rakshya Pal Arya as the Manager as constituting the Committee of Management in actual control of the affairs of the said institution. 2. The two groups, one represented by} the petitioners and the other by the respondent 3 vied with each other for the' control of the management of the institution The petitioners allege that they were duly elected on 19-1-1986 in pursuance of the directions issued by the Registrar of Firms, Societies and Chits on 4-3-83 exercising his powers under S. 25(2) of the Societies Registration Act as the Committee of Management of the aforesaid institution. The respondents, on the other hand, claim that their Committee was elected on 27-1-86 with Mathura Ptasad Sharma as President and Ram Rakshya Pal Arya as Manager in accordance with the approved Scheme of Administration of the institution. Both the parties appear to have approached the District Inspector of Schools seeking recognition of their committees. The District Inspector of Schools finding that there was a dispute in respect of the management of the institution between the two rival groups, one represented by the petitioners and the other by the respondent 3 referred the same vide his order dated 1-2-1986 to the Deputy Director of Education for adjudication under S. 16-A(7). Thereafter both the rival claimants filed their written statements and adduced evidence in support of their respective cases. On a consideration of the same, the Deputy Director of Education passed the impugned order holding that it is the Committee of Management represented by the third respondent which was in actual control of the affairs of the institution and consequently recognised the same as constitution of the Committee of Management of the Institution. 3. For the petitioners, the first contention raised was that the Deputy Director of Education had no jurisdiction to take cognizance of the dispute inasmuch as the elections set up by the respondents were barred by sub-sec. (3) of S. 25 of the Societies Registration Act. 3. For the petitioners, the first contention raised was that the Deputy Director of Education had no jurisdiction to take cognizance of the dispute inasmuch as the elections set up by the respondents were barred by sub-sec. (3) of S. 25 of the Societies Registration Act. The argument was that the elections at which the petitioners were elected had been held in pursuance of the direction issued by the Registrar of the Societies under sub-sec. (2) of S. 25 of the Societies Registration Act in accordance both with the bye-laws of the Societies as well as the approved Scheme of Administration of the Institution, and consequently sub-sec. (3) of IS. 25 came into play. 4. The submission is misconceived and (must be rejected. S. 16-A of the Intermediate Education Act is a complete Code by itself in far as the constitution of the Committee of Management of recognised institutions and he disputes pertaining to the management of the institution are concerned. It begins with a non-obstante clause and says - "Notwithstanding anything in any law, document or decree or order of a Court or other instrument....." It provides that there shall be a Scheme of Administration for every institution which shall provide, amongst other matters, for the constitution of a Committee of Management. vested with authority to manage and conduct of the affairs of the institution. The Scheme of Administration has to be approved by the Director of Education. The provision obligates that every recognised institution shall manage its affairs in accordance with that Scheme. Then follows the all-important sub-sec. (7) of S. 16-A which says : "Whenever there is dispute with respect to the management of an institution, persons found by the Regional Dy Director of Education, upon such enquiry as it deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a court of competent jurisdiction directs otherwise : Provided that the Regional Dy Director of. Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing." 5. The legislative intent behind S. 16-A seems explicit and unambiguous. Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing." 5. The legislative intent behind S. 16-A seems explicit and unambiguous. It is that so far as the constitution of the Committee o Management of a recognised institution and disputes arising in respect thereof are concerned, the Director of Education or the Regional Dy Director of Education, as the case may be, enjoys overriding powers in that within these speheres no other authority may intrude except that where the Regional Dy Director of Education determines a dispute in respect of the management of the institution under S. 16-A(7) and finds any group o persons in actual control of its affairs and accords recognition to that group, the recognition operates until a court of competent jurisdiction determines the dispute. The object behind conferring such a power on a Regional Dy. Director of Education is not far to seek. For the proper functioning of a recognised institution the educational authorities charged with the duties of ensuring that the management is carrying on its obligations under the Intermediate Education Act and for smooth day to day management of the affairs of the institution it is necessary that dispute in respect of management must be resolved expeditiously by an authority constituted for that purpose under the Intermediate Education Act. Care has, however, been taken that civil rights of the persons claiming to represent the management should be left to be determined finally by courts of competent jurisdiction. But till that decision is rendered, the Regional Dy Director of Education has to determine that dispute for himself so that the cause of the students and teachers or employees of the institution does not suffer by continuing uncertainty or empasse. 6. The Societies Registration Act, on the other hand, deals, inter alia, with the resolution of disputes with respect to the election of the office bearers of a registered society. The power of the registrar or the prescribed authority to determine disputes in respect of the election of the office bearers of the society, as distinct from the managing committee of the institution run by that society, operates in an altogether different field from that with which the Regional Dy Director is concerned. The two enactments, namely, the Intermediate Education Act and the Societies Registration Act, to our mind, operate in distinct fields. The two enactments, namely, the Intermediate Education Act and the Societies Registration Act, to our mind, operate in distinct fields. There is no overlapping between the two. Even if there is, insofar as disputes pertaining to the management of a recognised institution or the constitution of its Committee of Management are concerned, the Dy Director of Education enjoys, in view of the scheme of the Act and the non obstante clause used in S. 16-A(l) and the clear provisions of S. 16A(1), exclusive powers save to the extent that the decision of the Dy Director of Education under sub-sec. (7) shall operate only till a court of competent jurisdiction directs otherwise. 7. It is in this legislative perspective that we have to examine the question whether the Dy. Director of Education acted beyond jurisdiction in taking cognizance of the dispute. Admittedly, two rival groups, one represented by the petitioners and the other by the third respondent, were both claiming to have been validly elected to constitute the committee of Management. They first staked their claim before the District Inspector of Schools who, finding that there existed a dispute with respect to the management. referred the same for the adjudication of the Dy. Director of Education under S. 16-A(7). There is no manner of doubt that a dispute had arisen between the two rival groups. Both the parties submitted their respective claims in writing and had also adduced evidence in support thereof. There cannot be the slightest doubt that the dispute raised by the two parties was with respect to the management of the institution. The words used in the Statute 'Whenever there is a dispute with respect to the management of an institution....' are words of the widest possible amplitude and clearly comprehended within its fold the dispute such as is involved in the present case. 8. Our conclusion, therefore, is that the impugned order does not suffer from lack jurisdiction or from any other illegality. On the facts established on record the Deputy Director of Education rightly took cognizance of the dispute and passed the impugned order. 9. Coming to the impact of sub-sec. (3) o S. 25 of the Societies Registration Act, we are clearly of the opinion that the provision has no application to the present case. It provides that where a meeting is called by the Registrar under sub-sec. 9. Coming to the impact of sub-sec. (3) o S. 25 of the Societies Registration Act, we are clearly of the opinion that the provision has no application to the present case. It provides that where a meeting is called by the Registrar under sub-sec. (2) of that Section, no other meeting shall be called for the purpose of election by any other authority. The meeting contemplated under sub-sec. (2) of S. 25, however, is a meeting called by the Registrar of the General Body of the society for electing its office bearers i accordance with the rules of the Society relating to such meetings and elections. But we are concerned here with the validity o the elections held for the constitution of the Committee of Management of the institution -in accordance with the scheme o Administration. Disputes pertaining to such elections have to be dealt with by the Deputy Director of Education under S. 16-A(7) i accordance with the Scheme o Administration approved by the Director o Education under sub-secs. (1) to (5) of Sections 16- A and 16-B and 16-C of the Intermediate Education Act and not the rules of the by law of the Society as in the first instance the Deputy Director has exclusive jurisdiction t resolve the disputes pertaining to the management of recognised institution until court of competent jurisdiction directed otherwise. Reference to sub-sec. (3) of S. 251 of the Societies Registration Act is hence) entirely out of place. 10. Conscious of this legal position, the petitioner came out with the plea that the executive elected by the General Body for the Society is in effect also the managing committee of the institution as the Society has no other object except to run this institution. Consequently, the Registrar alone was competent to decide the disputes pertaining to the elections of the managing committee of the institution. 11. We are unable to agree. Consequently, the Registrar alone was competent to decide the disputes pertaining to the elections of the managing committee of the institution. 11. We are unable to agree. Apart from the fact that in paras 5 and 18 of the counter affidavit of Sri Madan Gopal filed on behalf of the respondent 3, it has been categorically asserted with reference to the Scheme of Administration that the constitution of executive body of the society is materially different from the constitution of the Committee of Management of the Society and, therefore, the election of the office bearers of the society could not automatically result in the election of the Committee of Management, the contention is devoid of any substance even on merits. As already noticed two rival groups both claiming to have been (elected in accordance with the scheme of Administration had set up their claims for being recognised before the District Inspector of Schools. Each was challenging the validity of the elections held by the other on the ground that the same had not been conducted in accordance with the Scheme of administration. In such a contingency, the dispute fell squarely within the purview of he jurisdiction of the Deputy Director of education upon the plain terms of S. 16-A(7). And as demonstrated above within the sphere of management of educational institutions recognised under the Intermediate Education Act, the Deputy Director enjoys, subject to he decision of a Court of competent jurisdiction, exclusive powers. The Deputy Director was therefore competent in law to ass the impugned order. 12. The second contention raised by the learned counsel for the petitioner is equally untenable. It was that the respondents were estopped from challenging the validity of the elections held on 19-1-1986 inasmuch as the some of the members of the rival groups had participated in the elections held under the directions of the Registrar. 13. There is absolutely no question of estoppel here. Participation in an election of the office bearers of the society, assuming that some of the rival contenders did participate, could not take away the jurisdiction of the Deputy Director of Education to determine the dispute raised before him by the rival contenders with regard to election of the Committee of Management and actual control over the affairs of the institutions. The scope of enquiry under S. 16- A(7) is not co-terminous, in so far as management disputes are concerned with the enquiry envisaged under the Societiesi Registration Act. 14. Finally, learned counsel made an attempt to challenge the impugned order on merits and submitted that the Deputy Director of Education has not correctly decided the issue of actual control over the affairs of the institution. 15. We, however, find no merit in the contention. On an examination of the averments made by the parties in their affidavits and annexures filed therewith as well as of the impugned order, we find that the Deputy Director of Education has committed no error in determining the controversy. The Deputy Director gave full hearing to the parties. He also addressed himself to the factors which he was enjoined by the statute to consider for determining the issue of actual control. His conclusions are also right. Further, the order of the Deputy Director of Education is by the terms of the statute operative only until a court of competent jurisdiction directs otherwise. If, therefore, the petitioners have any grievance, they can raise the dispute before a court of competent jurisdiction. That being so, we find no ground for interference with the impugned order in any view. 16. In the result, the petition fails and the same is dismissed. The interim orders are hereby discharged.