- (1.) In the instant writ petition the petitioner No.1 Don Bosco Educational Society has contended that they are a registered society which administers and runs the affairs of a reputed Anglo-Indian school namely, Don Bosco School governed by the provisions of the Code of regulations for Anglo-Indian and other listed schools, 1993 and the petitioner No.2 is the President of the society. The respondent No.1, Registrar of Firms, Societies and Non-Trading Corporation is empowered under the West Bengal Societies Registration Act, 1961 to register and regulate the affairs and functions of registered societies. On the application of respondent No. 2, United Guardian Forum, the respondent No. 1 has granted registration to them and under the garb of protecting the interest of guardians of the school, they are now trying to interfere with the day to day administration and functions of the petitioner's school. The further contention of the petitioners is that the respondent No. 1 has granted registration which is not in conformity with the West Bengal Societies Registration Act, 1961. Therefore, they made several correspondences with the respondents for cancellation of the registration, but to no effect. Ultimately they have preferred the writ petition praying for cancellation of the registration with interim injunction restraining the respondent No. 2 from giving any effect or further effect to the same with consequential reliefs. The interim order was accordingly granted and extended from time to time till disposal of the writ petition.
(2.) In their affidavit- in- opposition the respondent Nos. 2 and 3 have opposed the move and contended that on the wake of exorbitant increase of school fees and for extension of other amenities to different Government authorities, appointment of qualified and trained teachers, to discourage private tuition, rationalisation of study loads, assignment upon the students to submit projects on science without giving them idea and help regarding the project, improvement of the quality of computer education, availability of seats in school buses for each and every student, waiving of penal charges for late payment of tuition fees, preparation of the list of holidays, inclusion of guardians' representative in the managing committee etc., they made several correspondences to different authorities, but to no effect. Therefore, under compelling circumstances they formed an association to raise voice of the guardians to concede to their demands made earlier on various mattes. Since registration has been granted by the appropriate authority, they are acting to fulfil the objects of the society for improvement of education and since they are working within their ambit there is no merit in this writ application which is liable to be dismissed with costs.
(3.) Learned Lawyer for the respondent No.1 on the contrary has submitted that the registration was granted in terms of Section 4(2) of the West Bengal Societies Registration Act, 1961 and there is no provision for cancellation of such registration under the said Act for which they are now helpless.;