# C/M Major Asharam Inter College, Merruet & Anr v. Regional Committee & Ors

- **Citation:** (2014) 1 ILRA 480
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2014-01-02
- **Case number:** Civil Misc. Writ Petition No. 12102 of 2011
- **Bench:** Pradeep Kumar Singh Baghel
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/c-m-major-asharam-inter-college-merruet-anr-v-regional-committee-ors-42890
- **Pages:** 5

## Headnote

Constitution of India, Art.-226-Validity of
order passed by Regional Committeechallenged-on ground admitted election
held on 17.06.05-term of management is
five years-after recognition by DIOS of
resolution dated 25.06.07 management
enrolled 150 new members as per scheme
of administration of clause of membership
fee can be deposited only through bank
draft-admittedly membership fee deposited
by case-held as per D.B. Judgment of Shiv
Nath Singh case-as well as per clause of 7
of administration-those 150 members can
not participate in election-warrants no
interference with order of Regional level
committee-petition dismissed.

Held:Para-
In view of the law laid down in the said
case and also in view of admitted facts of
this case, this Court finds that the
procedures laid down in Clause-7 of the
Scheme of Administration has not been
followed in the present case.

Case Law Discussed:
[2008(89) ADJ 540 (DB)]

## Text

480 INDIAN LAW REPORTS ALLAHABAD SERIES

26. In view of the foregoing
discussions I am of the considered
opinion that the impugned order dated
21.1.2014 passed by respondent no. 1 on
the Transfer Application No. 597 (LR2001-14) Kailash Nath Singh vs. Suresh)
is an illegal, arbitrary order, not inspiring
faith in judicial system having colour of
insolency, therefore, it is hereby quashed.
The writ petition succeeds and is allowed.

27. Learned Member, Board of
Revenue is directed to pass a fresh order
in accordance with law only after having
comment of respondent no.2 and hearing
the petitioner, if possible within a period
of three months from the date of
production of a certified copy of the order
of this Court without granting any
unnecessary
adjournment
of
learned
counsel appearing for the parties. In case
any adjournment is sought that may be
granted only after imposing cost with the
direction to deposit the same by the next
date fixed.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.01.2014

BEFORE
THE HON'BLE PRADEEP KUMAR SINGH
BAGHEL, J.

Civil Misc. Writ Petition No. 12102 of 2011

C/M Major Asharam Inter College, Merruet &
Anr. Petitioners
Versus
Regional Committee & Ors. Respondents

Counsel for the Petitioners:
Sri Indra Raj Singh, Sri R.P. Singh
Sri R.P. Mishra, Sri Ram Gopal Tripathi

Counsel for the Respondents:
C.S.C., Sri S.P. Singh
Constitution of India, Art.-226-Validity of
order passed by Regional Committeechallenged-on ground admitted election
held on 17.06.05-term of management is
five years-after recognition by DIOS of
resolution dated 25.06.07 management
enrolled 150 new members as per scheme
of administration of clause of membership
fee can be deposited only through bank
draft-admittedly membership fee deposited
by case-held as per D.B. Judgment of Shiv
Nath Singh case-as well as per clause of 7
of administration-those 150 members can
not participate in election-warrants no
interference with order of Regional level
committee-petition dismissed.

Held:Para-
In view of the law laid down in the said
case and also in view of admitted facts of
this case, this Court finds that the
procedures laid down in Clause-7 of the
Scheme of Administration has not been
followed in the present case.

Case Law Discussed:
[2008(89) ADJ 540 (DB)]

(Delivered by Hon'ble Pradeep Kumar Singh
Baghel, J.)

1. The petitioners have preferred this
writ petition for quashing the orders dated
03.07.2010 and 29.01.2011, passed by
respondent nos. 2 and 1, whereby the
membership of 150 newly enrolled members
have been rejected by the Regional Level
Committee and a direction has been issued for
holding a fresh election.

2. The brief facts of the case are that
Major Asharam Inter College, Ganeshpur,
Meerut (for short, "the institution"), is a
recognized institution, which receives aid
out of State fund and thus the provisions
of U.P. Intermediate Education Act, 1921
and the U.P. High School & Intermediate
College (Payment of Salaries of Teachers
and other Employees Act, 1971), are
1 All] C/M Major Asharam Inter College, Merrut & Anr. Vs. Regional Committee & Ors.

481
applicable
to
the
institution.
The
institution is run by the Committee of
Management in accordance with the
approved scheme of administration under
Section 16-A of Intermediate Education
Act. The last undisputed election of
Committee
of
Management
of
the
Institution was held on 17.06.2005. The
term of the Committee of Management is
five years. In the said election, one Sri
Riksh Pal Singh was elected as President
and the petitioner no. 2 - Sri Kure Singh
was elected as Manager of the institution.
Said election was recognized by the
D.I.O.S. Meerut on 27.12.2005. It is
stated that on 25.06.2007 a resolution was
passed by the General Body of the
Committee
of
Management
of
the
institution to enroll fresh members in the
General Body. It is averred in the writ
petition that in pursuance of the said
resolution, requisite membership fees
from 50 persons for life members and
from 100 members for ordinary members
were collected and the same was
deposited in the bank account of the
institution.
It
is
stated
that
after
acceptance of membership of newly
enrolled members in the meeting of
Committee of Management held on
29.05.2009, a meeting of General Body
was held on 28.06.2009, wherein newly
enrolled members were accepted as
members of the institution. Subsequently,
a fresh election was held on 14.06.2010,
wherein the newly enrolled 150 members
were also allowed to participate. It is
stated that the said election was held in
terms of the scheme of administration and
the Election Officer was appointed by the
District Inspector of School, Meerut.
However, some objections were filed
before the D.I.O.S in respect of electoral
college and the election held on the basis
thereof. The D.I.O.S disapproved the said
election on 03.07.2010, on the ground of
enrollment of 150 new members in the
General Body and their participation in
the said election. A copy of the order of
dated 03.07.2010 has been brought on the
record as Annexure-23 to the writ
petition.

3. Aggrieved by the said order of
D.I.O.S, the petitioners preferred a writ
petition being Writ - C No. 41608 of 2010
(C/M
Major
Asharam
Inter
College,
Ganeshpur & Anr. Vs. D.I.O.S & Ors.),
which was disposed of by this Court on
20.07.2010 with a direction to the Regional
Level Committee to consider the matter
afresh as the D.I.O.S has no jurisdiction to
adjudicate the matter. In compliance of this
court's order dated 20th July, 2010, the
Regional Level Committee, after affording
opportunity to all the concerned parties, has
passed the impugned order dated 29.01.2011,
whereby it found that newly enrolled
members were not valid members as the
procedures
provided
in
the
scheme
administration have not been followed.
Against this background, the petitioners have
filed this writ petition.

4. I have heard Sri Ram Gopal
Tripathi and Sri R.P. Mishra, learned
counsel for the petitioners, and Sri S.P.
Singh, learned Advocate, who appears for
respondent no. 5, and learned Standing
Counsel for the State functionaries.

5.

Learned
counsel
for
the
petitioners Sri Ram Gopal Tripathi
submits that the findings of the Regional
Level Committee with regard to the
election and enrollment of fresh members
is not correct as it is based on number of
members,
who
were
enrolled
by
depositing the cash in the Bank. He
further submits that the said practice was
482 INDIAN LAW REPORTS ALLAHABAD SERIES

followed in the present case also and
admittedly the cash collected from the
newly enrolled members were deposited
in the Bank Account of the institution.

6. Learned counsel for the respondents
Sri S.P. Singh submits that the procedure for
enrollment of members has been given in the
scheme of administration and the newly
enrolled members are admittedly enrolled in
the teeth of Clause-7 of the Scheme of
Administration.

7. I have considered the respective
submissions advanced by the learned
counsel for the parties and perused the
record.

8. It is a common ground that the
affairs of the institution are managed by a
Committee of Management, which has a
duly approved scheme of administration, a
copy whereof has been brought on records as
Annexure-1 to the writ petition. From a
perusal of the scheme of administration, it is
evident that a detailed procedure has been
laid down under Clause-7 for enrollment of
new members. The Clause-7 of the scheme
of administration reads as under:-

"7& lk/kkj.k lHkk ds lnL; cuus dh izfdz;k%

dksbZ Hkh C;fDr tks laLFkk dk 'kqHk fpUrd gks
pkgs og fdlh Hkh tkfr vFkok /keZ dk gks] lk/kkj.k
lHkk dk lnL; gks ldrk gSA ;fn og ikxy u gks]
vkSj mldh vk;q de ls de 21 o"kZ dh gks]
lnL;rk 'kqYd fo|ky; ds uke cSad MakQ~V }kjk
tek djuk gksxkA ;g cSad MakQ~V fdlh Hkh
inkf/kdkjh lnL; }kjk izkIr dj dks"kk/;{k dks fn;k
tk ldsxkA dks"kk/;{k v/;{k dks Hkstsxsa tks izcU/k
lfefr dh vxyh cSBd esa fopkj gsrq j[ksxsaA

izcU/k lfefr ;fn fdlh dks lnL; cukuk Lohdkj
ugha djrh rks ;g izdj.k iqu% fopkj gsrq lk/kkj.k lHkk
dh cSBd esa j[kk tk;sxkA ;fn lk/kkj.k lHkk lnL;
cukuk Lohdkj ugh djrh gS rks og lnL; cSad MakQ~V
dh frfFk ls gh lnL; ekuk tk;sxkA blh izdkj izcU/k
lfefr }kjk Lohdkj djus ij Hkh cSad MakQ~V dh frfFk ls
gh lnL; ekuk tk;sxkA ;fn lk/kkj.k lHkk izcU/k lfefr
ds er dks Lohdkj dj fdlh dks lnL; cukuk Lohdkj
ugh djrh gS rks cSad MakQ~V okfil dj fn;k tk;sxkA
lk/kkj.k lHkk ds bl fu.kZ; ds fo:} dksbZ Hkh vihy
fujh{kd dks ,d ekl esa gh nh tk ldsxh ftldk fu.kZ;
vfUre gksxkA"

9. The Regional Level Committee has
found that Clause-7 provides to deposit the
membership by way of bank draft in favour
of the institution, however in the present case
none of the members have deposited their
membership fee through a bank draft. The
Regional Level Committee has also found
that some of the office bearer and members
have filed their notarized affidavits, stating
that they are not aware of the enrollment of
new members between 22nd May and 29th
May, 2010. The Regional Level Committee
has further found that no meeting of the
General Body was held to accept the
Membership of newly enrolled members, in
absence whereof the membership can not be
accepted.

10. Learned counsel for the
petitioners Sri Ram Gopal Tripathi has
very fairly submitted that the finding of
the Regional Level Committee that
members
have
not
deposited
their
membership free through the Bank Draft,
is correct. However merely because the
members were enrolled by accepting the
fee in cash, can not be a ground for setting
aside the matter, which is based on record
and admitted fact that none of the
members had deposited the requisite fee.

11. Learned counsel for the petitioners
has drwan the attention of the Court to the
judgment of this Court in Shiv Nath Singh &
Ors. Vs. State of U.P & Ors. [2008 (89) ADJ
540 (DB)]. In the said case, Clause-7 of the
scheme of administration is verbatim of the
scheme of administration of this institution.
1 All] C/M Major Asharam Inter College, Merrut & Anr. Vs. Regional Committee & Ors.

483
In the said case also, there was violation of
Clause-7 of the scheme of administration.
The Court held that it is in the interest of the
institution, if the provision for deposit of
membership fee through a bank draft is a
requisite. For the sake of convenience,
paragraphs 10 & 11 of the judgment are
extracted below:-

"10. It is urged by the learned
counsel for the appellants that the
treasurer had full authority to accept
membership fee by cash for enrolling new
members. He urged that there is no bar in
accepting membership fee by cash and
clause 7 of the Scheme of Administration
was not mandatory and was directory in
nature and its non-compliance would not
be fatal and the new 130 members have to
be treated as void members.

11. We have given our anxious
consideration to the question as to whether
clause-7 of the Scheme of Administration is
mandatory or directory. It has not disputed by
the learned counsel for the appellants that new
members enrolled on 14.07.2007 had deposited
their membership fee by cash and they had not
deposited the fee through a bank draft. The
approved Scheme of Administration in clause7 provides that for enrollment of a new
member, the membership fee has to be
deposited through a bank draft but if the
general body decides not to make him a
member the bank draft would be returned.
Clause 7 of the Scheme of Administration has a
definite purpose. It avoids dispute with regard
to fictitious claim of membership. It also avoids
frivolous litigation. it acts as a check on
unscrupulous person who wants to grab the
management of an institution by enrolling
members of their choice and by creating
artificial dispute of membership of the general
body of manufacturing papers. It may be
possible to manufacture papers regarding
membership but a bank draft cannot be
manufactured. If clause-7 mandates that a thing
to be done in a particular manner then it has to
be done in the same manner, and not in any
other manner. The provision of clause 7 of the
Scheme of Administration providing for
deposit of membership fee through a bank draft
is the larger interest of the registered society
and the institution and clearly intends that it
should be followed and has to be held as
imperative in nature and its non-compliance
would be fatal. Thus, 130 new members
enrolled on 14.07.2007 are liable to be held
invalid members. Therefore, we are of the
considered opinion that clause-7 of the Scheme
of Administration providing for deposit of
membership fee through a bank draft, by a
person who wants to become a member of the
general body of the society is mandatory in
nature."

12. In view of the law laid down in
the said case and also in view of admitted
facts of this case, this Court finds that the
procedures laid down in Clause-7 of the
Scheme of Administration has not been
followed in the present case.

13. After careful consideration of the
matter, I find that the findings of fact
recorded by the Regional Level Committee
are based on evidence on record and do not
call for any interference under Article 226 of
the Constitution of India.

14. Learned counsel for the petitioners
has not raised any other submission.

15. In view of the above, the writ
petition lacks merits and is accordingly
dismissed.

16. Learned counsel for the petitioners
submits that a direction may be issued to the
respondents to hold the election expeditiously.
484 INDIAN LAW REPORTS ALLAHABAD SERIES

Said request has not been opposed by the
learned standing counsel and Sri S.P. Singh,
learned counsel, who appears for the private
respondent.

17. Having considered the aforesaid
request, a direction is issued to the
Authorized Controller to hold the election of
Committee of Management of the Institution
as expeditiously as possible preferably within
a period of three months from the date of
receipt certified copy of this order.

18. No order as to costs.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.03.2014

BEFORE
THE HON'BLE AMRESHWAR PRATAP SAHI, J.
THE HON'BLE VIVEK KUMAR BIRLA, J.

Civil Misc. Writ Petition No. 13335 of 2014

Wahid Hussain......................... Petitioner
Versus
Indian Oil Corporation & Ors. Respondents

Counsel for the Petitioner:
Sri D.K. Pandey

Counsel for the Respondents:
C.S.C., Shri Prakash Padia

Constitution of India-Art.-226-disability
certificate-issued
to
R-4
after
due
verification-corporation
acted
upongrievance of petitioner that R-4 not
suffering 40% disability-petitioner could
have approach before medical BoardCourt is no medical expert-held-entirecomplaint-misconceived-
can
not
interfered by Civil Court.

Held:Para-8
There is no challenge raised to the
certificate issued to the respondent no. 4 by
the petitioner on any substantial material to
support the allegations. This Court is no
medical expert to receive any material and
medically assess the disability certified by
the medical authority. The petitioner could
have approached the authority competent
dealing with the medical board as per any
rules therein but it appears that instead of
that the District Magistrate was handed
over a complaint.

(Delivered by Hon'ble Amreshwar Pratap
Sahi, J.)

1. The petitioner is aggrieved by the
selection of the respondent no. 4 under the
physically handicapped category alleging
that the certificate of physical disability that
has been relied upon by the respondent no. 4
is not correct and the respondent no. 4 does
not suffer from any blindness.

2. This complaint was sought to be
resolved by moving a representation before
the Indian Oil Corporation and thereafter
filing a Writ Petition No. 41353 of 2013
where a direction was issued to the
Corporation to examine the complaint of the
petitioner and pass an appropriate order. The
judgment of this Court dated 31.7.2013 is
Annexure 1 to the writ petition.

3. It appears that the respondentCorporation thereafter proceeded to make
an inquiry about the status of the
certificate of the respondent no. 4 from
the Chief Medical Officer, Moradabad
who has informed the corporation that the
certificate of physical disability tendered
to the respondent no. 4 is genuine. A
photostat copy of the said information
dated 13/20.8.2013 which has not been
filed along with the writ petition, has been
produced by Sri Prakash Padia learned
counsel for the respondent-Corporation.
The same is extracted hereinunder:-

dk;kZy; eq[; fpfdRlk vf/kdkjh] eqjknkcknA