- (1.) S. R. Singh, J. Tej Ram George Coronation Hindu School (Abbreviated as 't G. C. Hindu School) and Jagdish Saran Hindu Intermediate College (In short 'j. S. H. Intermediate College) Amroha, District Moradabad are the Institutions duly recognised under the provisions of the U. P. Intermediate Education Act, 1921 (in short the Act' ). The affairs of the two Institutions aforestated are managed by a Managing Committee constituted in accordance with the provisions of the Scheme of Administration approved under Sec tion 16-A of the Act. An order contained in the letter dated 4-9-199s (Annexure-5 to the counter affidavit) thereby recognising the Managing Com mittee which claimed its advent to election held 13-8-1995 in the meeting of the General Committee and consequential attestation of specimen signatures of Sri Radhey Raman Gupta, as its Manager by the District Inspector of Schools, are the subject-matter of impugnment, the quashing of which is sought by means of the present petition under Article 226 of the Constitution of India.
(2.) LOKENDRA Mohan, petitioner No. 2, it brooks on dispute, was the President of the Managing Committee the term of which admittedly expired in 1983 with its office bearers in harness to manage the affairs of the Institu tion by virtue of the provisions contained in the approved scheme of Adminis tration. It is not disputed that the General Committee in its meeting held on 21-7-1995, resolved to hold its meeting on 13-8-1995 for the purposes of elect ing the Managing Committee of the two Institutions. The case of the peti tioner is that the meeting of the General Committee slated for 13- 8-1995 was postponed by the President on 12-8-1995 and all concerned were notified of the postponement and further that due to postponement, no election was held on 13-8-1995, The case of the third respondent on the other hand is that the meeting of the General Committee materialised as scheduled on 13-8-1995 and since the President of the outgoing Committee of Management had absented himself in that meeting, one Sri Jagmohan Saran Gupta was unanimously elected as President for the purposes of the meeting of the General Body held on 13-8-1995. Sri Saran, according to the third respondent, passed the mantle to Sri V. P. Mathur Up-Prabandhak/up-Mantri of the outgoing Committee of Management to conduct the meeting dated 13-8-1995 and record its pro ceedings. In the said meeting of the General Committee, Sri Vishan Swarup Tandon was unanimously elected as President and Sri R. R. Gupta as Secre tary/manager while Sri V. P. Mathur as Up Mantri/up Prabandhab of the Committee of Management. Sri Rajendra Saran Mathur was unanimously elected as Vice President and similarly, election for the post of Treasurer and seven members of the Committee of Management was also held unanimously in the said meeting of the General Committee held on 13-8- 1995. On the basis of the election held on 13-8-1995, the respondent claimed recognition from the District Inspector of Schools vide letters dated 14-8-1995 and 16-8-1995. The District Inspector of Schools by his letter dated 26-8-1995, posed certain queries in consequence of the information given to him by Sri Lukendra Mohan, President of the outgoing Committee of Management with regard to postponement of the said meeting of the General Committee, and upon receipt of the information and upon consideration of the petitioners' letter dated 16-8-1995, the District Inspector of Schools passed the impugned order dated 4-9-1995, according recognition to the Committee of Management which according to the third respondent, came into being as a result of the election held on 13-8-1995. I have heard the learned counsel appearing for the parties who have exchanged the affidavits at the motion hearing stage itself. The first question that looms for consideration/determination is whether the President of the Committee of Management wag studded with the power to postpone the meet ing of the General Body/committee that was properly and duly convened pursuant to the decision arrived at by the General Committee in its meeting held on 21-7-1995. Relying upon paragraph 15 (l) (b) of the Scheme of Administration, the learned counsel appearing for the petitioners urged that the power "to approve dates for holding meetings and postpone or adjourn them" indwelt the President. The learned Counsel appearing for the respondents on the other hand canvassed that paragraph 15 (l) (b) is not intended to apply to the meetings of the General Committee, which according to him, is governed by the Rules and Regulations of the Society.
(3.) THE District Inspector of Schools, it would be evident from the impugned order, has held that the president was bereft of the power to post pone the meeting already convened for 13-8-1995, as in its opinion, such a power of postponement could be exercised only by the Returning officer (Peethaseen Adhikari) Sri V, P. Mathur. THE District Inspector of Schools has held that the President and Manager of the outgoing Committee of Manage ment, who were working as office bearers, had no discretion with them to pass any resolution on their own. According to the District Inspector of Schools, postponement of the election meeting could have been undertaken in the meeting of the General Committee on proper and valid ground and post ponement of the election meeting, according to the District Inspector of Schools was contrary to the wishes of the members of the General Committee. Having devoted my thoughtful considerations to the submissions made at the bar, I am of the considered view that the word "meetings" occurring in clause (b) of paragraph 15 (1) of the Scheme of Administration, is not restricted only to meetings of the Managing Committee. The powers of President to approve the dates for holding meetings and to postpone or adjourn tham, can be exercised as much in relation to meetings of the General Committee as they can be exercised in relation to meetings of the Managing Committee. There is nothing in the Rules and Regulations of the Society which may restrict the powers vested in the president by virtue of clause 15 (1) (b) of the Scheme to meetings of the Managing Committee alone. Paragraph S of the Rules and Regulations of the society, provides that for the management of the Institutions, there shall be formed two committees (a) the General Committee and (b) the Managing Committee. The General Committee according to paragraph 6 (a) of the Rules consists of every person who con tributes towards the current funds of the School a subscription of not less than eight Annas a month or Rs. 6 a year or gives a donation of Rs 200 towards the permanent funds of the Schools and the Managing Committee, according to Rule 7 (a) consists of 11 elected members excluding those defined in paragraph 6 (b) and 6 (c) and the Head Master or the Principal. It is the General Body which is vested with the power to elect a President, a Vice-President, a Secretary and a Joint Secretary besides 11 members of the Manag ing Committee from the list prepared under paragraph 6 (a ). The General Committee according to paragraph 24 of the Rules and Regulations of the society is called/summoned from time to time for any of the purposes prescrib ed in the rules to be done/accomplished by the General Committee or for some other purposes which the Managing Committee may consider necessary to lay before it on a requisition made in writing by not less than l/3rd members of the General Committee to the Chairmain at such time and place as may be fixed by the latter. There is nothing in paragraphs 30, 31 and 32 of the Rules and Regulations of the Society reliance on which was placed by the Counsel for the respondents which may inhibit the exercise of powers by the president to postpone a meeting of the General Committee convened pursuant to a decision taken by the General Committee.;