- (1.) SUDHIR Narain, J. This writ petition has been filed challenging the order dated 26-6-1996 passed by Deputy Director of Education (Madhyamik), Azamgarh, respondent No. 1, whereby he held that the resolution of no- confidence motion passed by the Committee of Management on 15-9-1995 and alleged to be confirmed by the general body on 24-9-1995 removing Ghanshaym Tiwari from the post of Manager of the institution and from the primary mem bership of the society was illegal and the order dated 14-10-1996 whereby he recog nised the Committee of Management elected on 21-7-1996 in which Sri Ghanshaym Tiwari, respondent No. 3, was elected as Manager of the Committee of Manage ment of the institution.
(2.) THE version of the petitioners is that there were 24 members of the society out of which one expired and only 23 members were left and they were entitled to par ticipate in the election. THE election was held on 10th July, 1966 in which Chandra Bhushan Dubey, petitioner No. 2, was elected as President and Shivanand Dubey as Manager of the Committee of Manage ment. Respondent No. 3 claimed that elec tion was held on 21-7-1996. THEre were 64 members of the general body of the society. In the election he was elected as Manager of the Committee of Management of the in stitution. Besides other disputes as regards the procedure being adopted in conducting the election, the real dispute was regarding membership of the general body of the society/institution. The Assistant Registrar, in its order, dated 17-6-1996, held that 44 members enrolled by Ghanshyam Tiwari in the alleged meeting of the Committee of Management on 18-6-1995 was invalid. This order has been upheld in Writ Petition No. 20036 of 1996. Learned Counsel for the respondent contends that as regards mem bership of the general body of the institu tion in question is to be governed by provisions of the scheme of administration. Sub-section (1) of Section 16-A of the U. P. Intermediate Education Act provides that notwithstanding anything in any law, docu ment or decree or order of a court or other instrument there shall be Scheme of Ad ministration for every institution. In pur suance of this provision, the institution adopted a scheme of administration which was approved by the Deputy Director of Education. Clause 24 of the Scheme of Ad ministration of the institution provides that if there is any inconsistency between the provisions of scheme of administration and the bye-laws of the society, the scheme of administration will be applicable and any rule framed by the Registrar Firms, Societies and Chits shall be not applicable on the Committee of Management or the general body of the institution. It is contended that the rules regard ing admissions to membership of the general body of the institution was provided under the Scheme of Administration as amended subsequently by the institution and approved by respondent No. 1. The Scheme of Administration provides two kinds of membership: (i) founder/patron/life member (ii) ordinary member. Any person can be an ordinary member of the general body of the institution who is adult, educated and deposits the membership fee. The desirability of admission to membership of any person is to be placed before the Com mittee of Management and in case the Com mittee of Management does not intend to accept any person as a member, the matter shall be referred to the general body and the decision of the general body shall be final. The eligibility test for being enrolled as a member of the society places certain condi tions which are mentioned in bye-law No. 3 of the society. One of the conditions is that the person desiring to be a member shall deposit the fee alongwith an application. The Assistant Registrar while deciding the question of enrollment of the new members on 18-6-1995 alleged to be by general body inter alia held that no application was sub mitted by any person who wanted to be enrolled as members of the society. The question is as to whether this condition is also applicable in a case when the person has to be enrolled as a member of the general body of the institution.
(3.) IT is admitted to both the learned counsel for the parties that there are no " separate members of the society and that of the institution. In this situation if the same persons are to be the members of the society as well as of the institution, the bye-laws of the society, which are not inconsistance with the scheme of administration, are also ap plicable in respect of enrolment of mem bership of the institution as well. Admitted ly the society is running the institution. There may be cases where the society runs several institutions and each of the institu tion has its own Committee of Manage ment. The constitution of the Committee of Management for the institution, the scheme of administration will be applicable for run ning the institution. The scheme of ad ministration is approved by the Deputy Director of Education under Section 16-A of the Act and the institution is to be governed by the Committee of Management constituted in accordance with the scheme of administration. In a case, however, where the general body of the society and its Com mittee of Management are the same as that of the institution it shall be deemed that the bye-laws of the society have been adopted except such provisions of the bye-laws which are inconsistant with the scheme of ad ministration. Considering from this point of view, it is to be examined whether any condi tion which has been provided for enrolling new members of the society is inconsistent with the provisions of scheme of administra tion. Clause 7 of the scheme of ad ministration does not provide that no ap plication is to be submitted by the person who wants to be enrolled as members of the general body of the institution. The scheme of a administration as amended provides that a person desiring to be enrolled as members has to deposit the membership fee and should be adult and educated. Clause 3 of the bye-laws of the society-provides that the membership fee should be accompanied by an application. This provisions is not inconsistent with the scheme of administration.;