Janardan Sahai - (1.) THE Methodist Girls Inter College, Moradabad is a Christian minority institution governed by the provisions of U. P. Intermediate Education Act. It has a scheme of administration which was approved by the Director of Education in the year 1984. THE institution is managed by a Committee of Management, the constitution of which is provided in Section III of the scheme of administration. It consists of three categories of members-(A) Ex-officio members consisting of the Bishop of the area, the Chairman of the Board of Education and Christian Nurture of the Conference concerned or a representative of the Board the District Superintendent, the Pastor of the Church, the Manager of the institution, the Principal of the institution, the staff representatives as prescribed by the Regulations, the Central Treasurer / Conference Treasurer (any one of the two) and the Associate Education Secretary of the Council of Christian Education and Christian Nurture, (B) Nominated Members consisting of-two members nominated by the Bishop (women member for Girls institution), two nominees of the Conference Finance Committee and one nominee of the Regional/Women's Conference and (C) Elected Members in which one parent representative by the Committee of Management is included. THEre is a note to this provision to the effect that the members of the Committee of Management under (B) and (C) shall be nominated or elected annually.
(2.) THE Committee of Management works under the supervision and control of the governing body. THE constitution of the Governing Body is provided under Section II of the scheme of administration and it consists of the Bishop of the Methodist Church, the President of the Boards of Education and Christian Nurture of the Conference concerned, two elected representatives (one man and one woman) of each Conference Board of Education and Christian Nurture, Conference Treasurers of the Conferences concerned, the Central Treasurer of the Methodist Church in India and the Educational Secretary of the Council of Christian Education of the Methodist Church in India. Sub-clause (v) (ii) of Section II of the scheme of administration provides that governing body of the Methodist Educational Service shall provide uniformity in administration and services within the policies and dictates of the Regional Conferences. THE Manager of the institution is appointed by the Bishop under sub-clause VIII, Section V of the scheme of administration. One Smt. Sushma I Singh was appointed as Manager of the institution by the Bishop but she was replaced. Thereafter Smt. Roop Chandi Mani, the petitioner No. 2 was appointed by the Bishop as Manager. Smt. Sushma I Singh challenged the appointment of Smt. Roop Chandi Mani and the dispute was referred to the Regional Committee of the three members headed by the Deputy Director of Education, Moradabad. The Regional Committee decided the dispute in favour of petitioner No. 2. Smt. Roop Chandi Mani and found that Smt. Sushma I Singh was validly removed from the Managership. Smt. Sushma I Singh filed a Writ Petition No. 45266 of 2004 against the decision of the Regional Committee. The writ petition was allowed by order dated 17.11.2004 and the order of the Regional Committee dated 31.8.2004 was set aside and the Regional Level Committee was directed to decide the matter afresh on the following three issues : (a) whether Smt. Sushma I Singh has been validly removed from the post of Manager or not ; (b) whether Smt. Sushma I Singh is entitled to continue as the Manager of the institution or not ; and (c) whether the appointment of Smt. Roop Chandi Mani, is strictly in accordance with the approved scheme of administration or not. The Regional Level Committee gave its finding on all the three issues in favour of Smt. Roop Chandi Mani, petitioner No. 2 herein. It found that Smt. Sushma I Singh was validly removed and she was not continuing as Manager and that Smt. Roop Chandi Mani was validly appointed as Manager. After deciding these three issues the Regional Level Committee went on to hold that the scheme of administration governing the institution was not democratic and that it does not provide for periodical election and that no elections had been held, the Bishop being the appointing authority of the Manager. The Regional Committee held that in the year 1985 letters were sent to the Management of various institutions to adopt the model scheme of administration but the petitioner did not adopt the model scheme of administration. It was also found that the parent body of the institution was not registered in Uttar Pradesh but was registered in Bombay and in these circumstances there was no valid management. The Regional Committee therefore refused to recognize the management of the institution and directed that a new scheme of administration be got approved and that elections be held according to the new approved scheme of administration and it directed the Area Bishop of the managing committee of the Methodist Church of India to get the election held. In view of these findings that the Committee of Management of the Methodist Girls Intermediate College, Moradabad had become ineffective the Regional Level Committee directed the payment of salary to teachers and employees of the institution through single operation of account to be done by the District Inspector of Schools, Moradabad. The petitioners have challenged the order dated 22.2.2005 of the Regional Committee. I have heard Sri Kshitij Shailendra, learned counsel for the petitioners and the chief standing counsel who appeared for the State.
(3.) SECTION 16CC of the U. P. Intermediate Education Act, 1921 provides that the scheme of administration of every institution shall not be inconsistent with the principles laid down in the Third Schedule of the Act. SECTION 16CCC of the Act provides that if the scheme of administration of the institution is inconsistent with the provisions of the Act, the Director shall send, within a period of three years from such commencement, a notice to such institution suggesting any alteration or modification therein and requiring the institution to submit a fresh scheme of administration or to amend or alter the existing scheme. The Third Schedule lays down the principles for grant of approval to a scheme of administration. Condition Nos. 2 and 3 of the Third Schedule are relevant for the purpose of this case. They are quoted below : "Every Scheme of Administration shall.- (1) xxx xxx xxx (2) provide for the procedure for constituting the Committee of Management of periodical elections ; (3) provide for the qualifications and disqualifications of the members and office-bearers of the Committee of Management and the term of their offices : Provided that no such Scheme shall contain provisions creating monopoly in favour of any particular person, caste, creed or family." The question is whether the scheme of administration of a minority institution must provide for periodical election and whether the model scheme of administration can be thrust upon a minority institution.;