JUDGEMENT
Yatindra Singh, J. -
(1.) When does the term of a Committee of Management of a society or of a degree college begin?
Does a Committee of Management of a degree college become defunct after expiry of its term?
Can a Vice-Chancellor refuse to extend the recognition of a Committee of Management of a
degree college on the ground that its term has expired? These are some of the questions,
involved in this writ petition. In addition, it is recommended that statutory statement of the
grounds on which judicial review may lie be enacted/ circulated (heading Few Remarks-Recommendations
paragraphs 48-51 of this Judgment). Here are the facts.
FACTS
(2.) There is a society known as Adarsh Krishna Mahavidyalaya Prabandh Samlti (the A. K.
Society). It is a registered society and runs a post-graduate degree college by the name of A. K.
College. Shikohabad, district Firozabad (the A. K. College). It is affiliated to the Bhimrao
Ambedkar University, Agra (the Agra University). An undisputed election to its Committee of
Management (Governing body) was held in the year 1980. A dispute arose when elections were
held in 1984. The Vice-Chancellor in 1986 directed that fresh election in supervision of the
District Inspector of Schools (DIGS) be held and in the meantime the principal of the A. K.
College may look after its affairs. However, no elections, as directed by the Vice-Chancellor,
were held and the principal continued to manage the college. The general body or the society
held fresh elections on 4.9.1994 in which one Sri Mahavir Singh and Sri R. P. Yadav were
elected President and Secretary respectively.
(3.) The Committee of Management (the petitioner) took charge of the A. K. Society and filed an
application on 6.1.1995 before the Vice-Chancellor for recognition. The Vice-Chancellor by his
order dated 24.4.1995 (Annexure-3 to the writ petition) granted approval to the Committee of
Management. It was approved till 6.8.1996 (Annexure-4 to the writ petition) presumably for the
reason that the A. K. Society was registered till 6.8.1996 under the Societies Registration Act.
The principal of the A. K. College handed over charge to the petitioner on 6.5.1995.;
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