# C/M Subhash Inter College & Anr v. State of U.P. & Ors - **Citation:** (2016) 4 ILRA 196 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-03-18 - **Bench:** Manoj Kumar Gupta - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/c-m-subhash-inter-college-anr-v-state-of-u-p-ors-43569 - **Pages:** 5 ## Text 196 INDIAN LAW REPORTS ALLAHABAD SERIES 21. In case such review is filed by the petitioner within a period of four weeks from today along with certified copy of the order of this Court, the U.P. State Micro and Small Enterprises Facilitation Council, Kanpur shall consider and decide the petitioner's review application on merit in accordance with law without being influenced by any of the observations made hereinabove in this judgment touching the merit of the case, expeditiously, preferably, within a period of three months from the date of filing of the review application. 22. With the aforesaid observations / directions, this writ petition is disposed of. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 18.03.2016 BEFORE THE HON'BLE MANOJ KUMAR GUPTA, J. Writ C No.- 13221 Of 2016 C/M Subhash Inter College & Anr. ...Petitioners Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioners: Narendra Kumar Chaturvedi, Akhilesh Chandra Mishra Counsel for the Respondents: C.S.C., Arun Kumar Singh HELD: 1. Both rival elections of 2012 were discarded earlier; fresh elections were directed and upheld by the High Court. 2. Fresh elections could not be conducted as the Assistant Registrar could not provide a valid general body due to a pending dispute. 3. A clear management dispute existed, justifying action under Clause 21 of the Scheme of Administration for appointment of an Authorised Controller. 4. Wrong mention of Section 14 of the Payment of Salaries Act does not invalidate the order since power flows from Clause 21. 5. Clause 8 cannot be interpreted to allow indefinite continuance, especially when the later election was invalid. 6. Interpretation aligns with Section 16-CC and the Third Schedule requiring periodic elections. 7. Case law cited by petitioners was distinguishable since their Schemes lacked a provision like Clause 21. 8. Petitioners' term expired in 2012; no legal right remained to claim continuation. 9. Appointment of Authorised Controller was valid and necessary. 10. Writ petition dismissed. Case Law Discussed: 4 All. C/M Subhash Inter College & Anr. Vs State Of U.P. & Ors. 197 1. Adarsh Inter College, Handia v. JDE, 2005 UPLBEC 2018. 2. Islamia Inter College, Firozabad v. State of U.P., Special Appeal No. 420 of 2011. (Delivered by Hon'ble Manoj Kumar Gupta, J.) 1. Heard counsel for the petitioners, learned standing counsel for the State respondents and Sri Arun Kumar Singh for the fourth respondent. 2. The dispute relating to the election of the Committee of Management of Subhash Inter College, Karkhiya, Azamgarh, which is a recognised institution under the U.P Intermediate Education Act, 19211 was decided by the Regional Level Committee by order dated 2.6.2015. The Regional Level Committee held that alleged elections of the year 2012 set up by the second petitioner as well as the rival set of election by the fourth respondent were illegal. Consequently, the same were discarded and direction was issued to District Inspector of Schools, Azamgarh to conduct fresh election from valid members within a period of three months. Aggrieved by the said order dated, the Writ Petition No. 40418 of 2015 was filed by the petitioners. This Court, without interfering with the order dated 2.6.2015 passed by the Regional Level Committee, disposed of the Writ Petition by order dated 23.7.2015 and directed the District Inspector of Schools, Azamgarh to conclude the elections as per the order of the Regional Level Committee within a 1 The Act 2 period of three months from the date of filing of a certified copy of the order. It seems that the District Inspector of Schools, Azamgarh thereafter called for valid list of members of the general body from the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh. However, the Assistant Registrar by this communication dated 1.10.2015 informed the third respondent that the original file relating to the society has been requisitioned by the S.D.M., Sagari before whom the management dispute relating to elections of the society is pending. He, therefore, expressed inability to send the list of valid members to the District Inspector of Schools, Azamgarh. On 2.12.2015, the third respondent apprised the second respondent of the stand taken by the Assistant Registrar. He pointed out that in the absence of any validly elected Committee managing the affairs of the institution, the teachers and employees of the institution are facing great difficulty in the matters relating to grant of leave, promotion and other matters, he, therefore, recommended for appointment of an Authorised Controller. 3. In pursuance of the said recommendation, the second respondent by impugned order dated 5.3.2016 has appointed an Authorised Controller in purported exercise of power under Section 14 of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. 4. Learned counsel for the petitioners submitted that the impugned order is without jurisdiction inasmuch as no such power is conferred on 3 the second respondent under Section 14 of the Act. He further submitted that under clause 8 of the Scheme of Administration, although the term of the office bearers is three years, but they are entitled to continue till their successors are chosen. It is urged that the petitioners, whose election of the year 2009 has due recognition from the authorities, are thus entitled to continue till their successors are elected. He has placed reliance on the decision 198 INDIAN LAW REPORTS ALLAHABAD SERIES of this Court in the case of Committee of Management, Adarsh Inter College, Handia Vs. Joint Director of Education, Azamgarh Region, Azamgarh (2005) UPLBEC 2018 and Special Appeal No. 420 of 2011 Committee of Management, Islamia Inter College, Firozabad and others Vs. State of U.P. decided on 17.3.2011. He further submitted that the salary account of the institution is being operated single handedly by the District Inspector of Schools since the year 2009 and as such, there was no justification in appointing an Authorised Controller. 5. On the other hand, learned counsel appearing on behalf of the respondents submitted that clause 8 of the Scheme of Administration would not be attracted to the facts of the instant case and infact it is clause 21, which would be applicable. Thereunder, in case there is a dispute relating to the right of management, the Deputy Director of the Region has been invested with the power to appoint a competent person to manage the affairs of the institution. They further submitted that mere wrong mention of a legal provision would not invalidate the order. 6. Concededly, the term of the Committee of Management under the approved Scheme of Administration is three years. The petitioner Committee was elected on 3.10.2009 and signatures of petitioner no. 2 was attested by order dated 29.7.2010. However, the election of the year 2012 set up by the parties has been declared to be illegal by the Regional Level Committee by order dated 2.6.2015. The aforesaid order was subjected to challenge by the petitioners in Writ-C No. 40418 of 2015, but this Court declined to interfere with the said order and disposed of writ petition by directing the District Inspector of Schools, Azamgarh to conduct the elections as per the directions given by the Regional Level Committee. The District Inspector of Schools, Azamgarh made efforts to hold the elections by calling for a list of valid members of the general body from the Assistant Registrar, Firms, Societies and Chits, Azamgarh. However, on receipt of letter dated 1.10.2015 from him that in view of the original records having been requisitioned by the Prescribed Authority in connection with a management dispute, he is enable to finalise the list of members of the general body, the District Inspector of Schools, Azamgarh recommended for appointment of Authorised Controller. Such recommendation was made taking notice of the fact that in the absence of a validly elected committee, the matters relating to grant of leave, promotion, etc. of the teaching and nonteaching staff are being adversely affected. 7. Clause 8 of the Scheme of Administration is as under :- "Terms of Members: The term of office bearers and members other than ex-officio members shall be three years from the date they are chosen provided that the term of every office bearers shall be deemed to have continued till his successor is chosen in accordance with bye-law 14 of the byelaws of the society." 8. Evidently, the term of the office bearers is three years from the date they are elected till their successors are chosen. The election of the year 2012 set up by the petitioners has been declared to be invalid and fresh elections are to be held by the authorities. Under clause 21, it is specifically provided that the Deputy Director of the Region on being satisfied that there is a dispute relating to the right of management shall have the authority to appoint a competent person to manage the institution during the period of dispute. Clause 28 reads as under :- 4 All. C/M Subhash Inter College & Anr. Vs State Of U.P. & Ors. 199 "Decisions of Disputes Relating to the Right of the Management:- (a) In case there is a dispute relating to the right of the management of the institution the matter shall be referred to the Deputy Director of Education of the region. (b) The Deputy Director of the region shall being satisfied that there is dispute relating to the right of management declare as such and have authority to appoint a competent person to manage the institution during the period of dispute. (c) Within a month of the declaration by the Deputy Director of Education that there is dispute relating to the right of management, the school general body shall hold its meeting and elect a new committee of management." 9. In the instant case, in spite of the direction given by the Regional Level Committee to conduct fresh elections, the third respondent is unable to hold elections on account of non settlement of the list of 6 general body. The deferment of elections by the third respondent on such ground is valid or not is not an issue before this Court, but undoubtedly, the management dispute is very much in existence and consequently, the Deputy Director of the Region is competent to appoint a person to manage the affairs of the institution in recourse to power under clause 21(b) of the Scheme of Administration. 10. Under clause 8, the office bearers are entitled to continue till their successors are chosen, but the aforesaid provision does not mean that the term of the office bearers shall continue in perpetuity even though the next election set up by the parties has been declared to be null and void. The provision is only to enable the outgoing committee to remain in control of the affairs of the institution until the elections are held. Section 16-CC inserted by U.P. Act No. 1 of 1981 enjoins that the Scheme of Administration of a recognised institution under the Act shall not be inconsistent with the principles laid down in the third schedule. One of the cardinal principles embodied in the third schedule is for holding of periodical elections. A proviso to the main provision cannot be construed in a manner which would defeat the basic intent of the substantive provision. In case, clause 8 of the Scheme is construed in the manner suggested by learned counsel for the petitioners, it would render the substantive provision in the scheme stipulating a fixed tenure for the office bearers a mockery. The Scheme of Administration would then be contrary to the principles laid down in the third schedule. As such, the 7 Court is enable to accept the submission made by learned counsel for the petitioners. 11. In the case of Committee of Management Adarsh Inter College (supra) clause 8 of the Scheme of Administration of that particular institution was to the following effect:-. "पदेन सदस्यों के अतिरिक्त पदातिकारियों एवं सदस्यों का काययकाल चुने जाने के तदनांक से 3 साल का होगा तकन्िु प्रतिबन्ि यह है तक प्रत्येक पदातिकािी एवं सदस्य का काययकाल उसके उत्तिातिकािी के चुने जाने िक समझा जायेगा लेतकन तनवायचन अवति की समाति से 3 माह के अन्िगयि चुनाव होना अतनवायय है।" 200 INDIAN LAW REPORTS ALLAHABAD SERIES 12. The court after taking notice of the aforesaid provision under the Scheme of Administration considered the other provisions of the scheme whereunder there was no provisions for appointment of Prabandh Sanchalak "in any situation whatsoever". A further finding was recorded that the elections had been discarded on technical grounds. It was held as under:- "The clause does not contemplate appointment of Prabandh Sanchalak in any situation whatsoever. Further in view of the fact that out of 25 members of the general body all 25 members have participated in the elections any technical defect on holding of the said elections cannot be a cause for recording a finding that the elections have not been validly held inasmuch as any such technical defect does not affect the result of the elections in any manner." 13. In case of Committee of Management, Islamia Inter College, Firozabad & another (supra) clause 7 of the Scheme of Administration of that particular institution was under consideration. The dispute relating to rival claim was pending adjudication before the authorities and noticing the said fact an order for single operation of the accounts 8 was passed. The court held that mere pendency of dispute relating to rival claim could not be ground for directing single operation of the accounts. In the said case as well, as would appear from the facts narrated in the judgment, there was no provisions for appointment of an Authorised Controller, in case the dispute relating to management is pending. 14. Since, this Court has held above that under clause 21 of the Scheme of Administration, the second respondent would be competent to appoint an Authorised Controller and therefore incorrect mention of a legal provisions would not invalidate the impugned order. 15. The term of the petitioner Committee having coming to an end in the year 2012 and the elections set up by the petitioners in that year having been discarded, this Court does not find any right or equity which may entitle the petitioner Committee to continue to manage the affairs of the institution. This Court therefore refuses to exercise its extraordinary jurisdiction under Article 226 of the Constitution in favour of the petitioners. 16. The petition lacks merits and is dismissed. -------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 31.03.2016 BEFORE THE HON'BLE PANKAJ MITHAL, J. Writ C No.- 13282 Of 2016 Santosh Kumar ...Petitioner Versus State Of U.P. & Anr. ...Respondents