# The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr v. The State of U.P. & Ors

- **Citation:** (2024) 7 ILRA 925
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-07-16
- **Case number:** Civil Misc. Writ Petition No. 42499 of 2023
- **Bench:** Salil Kumar Rai
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-c-m-nawab-singh-chauhan-gramoday-inter-college-district-aligarh-anr-v-the-52342
- **Pages:** 12

## Headnote

Civil Law - Societies Registration Act,
1860 - Section 4-B - U.P. Intermediate
Education Act, 1921 - Section 16-A to
Section 16-D - Uttar Pradesh High Schools
and Intermediate Colleges (Payment of
Salaries
of
Teachers
and
Other
Employees) Act, 1971 - Section 5 - Gram
Shiksha Samiti, a society registered under
Societies Registration Act, runs Nawab
Singh Chauhan Gramodaya Inter College -
Disputes
arose
regarding
validity
of
elections for Committee of Management,
with rival claims from different parties -
The District Inspector of Schools referred
matter to Regional Level Committee,
rejected on the ground that both the
elections were held on a list which was
not registered under Section 4-B of
Societies Registration Act - Impugned
Order - Validity of Elections - Held, the
Scheme of Administration of College
provides for general body of College
different from general body of Society -
No provision either in Scheme or in byelaws of Society providing that members
of general body of Society shall be
members of general body of College or
general body of Society shall be general
body of College
- Scheme doesn't
stipulate participation of general body of
Society in elections of Committee of
Management or its office-bearers
-
Elections held by petitioners were valid
and orders rejecting these elections
were contrary to law - Impugned orders
quashed, matter is remanded back -
Directions accordingly (Para 2, 5, 23, 26,
27, 28)

Writ petition allowed. (E-13)

List of Cases cited:

Committee of Management Hindu Inter College
& ors.Vs Regional Deputy D E & ors.1988 (14)
AIILR 376

## Text

_Characters 0–39,707 of 41,940. This is a partial read: ask again with offset=39707 for what follows._

7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
925
corporate bodies does not prevent this
Court from treating all of them as one
entity belonging to and controlled by
Tejwant Singh and family if it is found that
these corporate bodies are merely cloaks
behind which lurks Tejwant Singh and/or
members of his family and that the device
of incorporation was really a Ploy adopted
for
committing
illegalities
and/or
to
defraud people."

28. This Court is of the firm view that
the Money Decree dated 05.08.2021 for the
sum of Rs.30,57,500/- cannot be executed
against the Revisionist being the Vice
President of the Judgment Debtor Company
M/s Benett Coleman Co. Ltd. responsible
for the conduct of the business of the
Company.
It
was
for
the
Respondent/Decree Holder to point out as
to what are the assets of the Judgment
Debtor Company against which the Decree
can be executed. Such details can very well
be obtained from the Registrar of the
Companies without undertaking any such
exercise, the Decree Holder/ Respondent is
trying to execute the Decree against an
individual/ Revisionist by seeking his arrest
and detention in civil prison.

29. In view of the above, this Court
comes to the irresistible conclusion that the
application 57-Kha moved by the Decree
Holder/Opposite Party seeking the arrest
and detention of the Revisionist who
admittedly is not the judgment debtor and
only the Vice President of the Judgment
Debtor Company is misconceived and was
not liable to be entertained. The learned
Additional District Judge, Court No. 6,
Bareilly, committed manifest error of law
in allowing the Application and issuing
Warrant of Arrest under Order 21 Rule 38
against the Revisionist under the impugned
order dated 16.01.2024. The order dated
16.01.2024 impugned in the instant SCC
Revision is set aside. The SCC Revision is
allowed. However, this Court is conscious
of the fact that a Money Decree has been
passed
against
the
Judgment
Debtor
Company, which is liable to be enforced
against the Judgment Debtor Company.
The Decree Holder/Respondent may take
recourse to the specific provisions of Order
21 Rule 41 CPC to enforce the Decree
passed in the SCC Suit No. 18 of 2016 and
suitably amend the Execution Application
No. 2 of 2021.

30. Learned counsel for the decreeholder may file an appropriate application
at the earliest and in the eventuality of such
an application being filed, it is expected
that the Executing Court shall taken
cognizance of the said application and pass
appropriate orders expeditiously preferably
within two months from the date of service
of a certified copy of the order of this
Court.

31. No order as to costs.
----------
(2024) 7 ILRA 925
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 16.07.2024

BEFORE

THE HON'BLE SALIL KUMAR RAI, J.

Civil Misc. Writ Petition No. 42499 of 2023
And
Writ - C No. 12426 of 2022

The C/M Nawab Singh Chauhan Gramoday
Inter College, District Aligarh & Anr.
 ...Petitioners
Versus
The State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
926 INDIAN LAW REPORTS ALLAHABAD SERIES
Sri Shivendu Ojha, Sneh Pandey, Sr.
Advocate

Counsel for the Respondents:
Sri Bachchu Lal Yadav, C.S.C.

Civil Law - Societies Registration Act,
1860 - Section 4-B - U.P. Intermediate
Education Act, 1921 - Section 16-A to
Section 16-D - Uttar Pradesh High Schools
and Intermediate Colleges (Payment of
Salaries
of
Teachers
and
Other
Employees) Act, 1971 - Section 5 - Gram
Shiksha Samiti, a society registered under
Societies Registration Act, runs Nawab
Singh Chauhan Gramodaya Inter College -
Disputes
arose
regarding
validity
of
elections for Committee of Management,
with rival claims from different parties -
The District Inspector of Schools referred
matter to Regional Level Committee,
rejected on the ground that both the
elections were held on a list which was
not registered under Section 4-B of
Societies Registration Act - Impugned
Order - Validity of Elections - Held, the
Scheme of Administration of College
provides for general body of College
different from general body of Society -
No provision either in Scheme or in byelaws of Society providing that members
of general body of Society shall be
members of general body of College or
general body of Society shall be general
body of College
- Scheme doesn't
stipulate participation of general body of
Society in elections of Committee of
Management or its office-bearers
-
Elections held by petitioners were valid
and orders rejecting these elections
were contrary to law - Impugned orders
quashed, matter is remanded back -
Directions accordingly (Para 2, 5, 23, 26,
27, 28)

Writ petition allowed. (E-13)

List of Cases cited:

Committee of Management Hindu Inter College
& ors.Vs Regional Deputy D E & ors.1988 (14)
AIILR 376
(Delivered by Hon'ble Salil Kumar Rai, J.)

1. The above two writ petitions were
connected by order of this Court and had,
therefore, been heard together and are
being decided by a common judgment. One
Ravindra
Singh
Chauhan
has
been
impleaded as respondent no. 4 in Writ - C
No. 42499 of 2023 and as respondent no. 5
in Writ - C No. 12426 of 2022. Ravindra
Singh Chauhan shall be referred as
respondent no. 4 in the present judgment.

2. The facts of the case are that Gram
Shiksha Samiti, Kasimpur Power House,
District Aligarh (hereinafter referred to as,
'Society') is a society registered under the
Societies
Registration
Act,
1860
(hereinafter referred to as, 'Act, 1860') and
its registration stands renewed for a period
of five years w.e.f. 17.12.2020. The Society
runs an educational institution named as
Nawab Singh Chauhan Gramodaya Inter
College, Kasimpur Power House, Aligarh
(hereinafter referred to as, 'College'). The
College is a recognized institution as
defined in U.P. Intermediate Education
Act, 1921 (hereinafter referred to as, 'Act,
1921') and is governed by the Act, 1921
and the Uttar Pradesh High Schools and
Intermediate Colleges (Payment of Salaries
of Teachers and Other Employees) Act,
1971 (hereinafter referred to as, 'Act,
1971').

3. The bye-laws of the Society
describe
the
different
categories
of
members of the general body of the Society
and prescribe the qualifications for being
enrolled as member of the Society and the
manner in which the governing body of the
Society shall be elected and constituted.
The bye-laws of the Society do not provide
that the members of the general body of the
Society or the elected office-bearers of the
7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
927
governing body of the Society shall also be
the members of the general body of the
College and members of the Committee of
Management of the College.

4. The Scheme of Administration
of the College stipulates, in Clause - 3, a
general body of the College different from
the general body of the Society. The
Scheme of Administration specifies the
different types of members of the general
body of the College and classifies them as
patron members, life members, ordinary
members and as special / distinguished
members. The Scheme of Administration
does not provide that the members of the
general body of the Society shall also
automatically be members of the general
body of the College. The Scheme of
Administration
further
provides
the
qualification required to be a member of
the general body of the College, the
procedure for enrolling the members and
also provides that the College shall be
managed by a Committee of Management
elected in accordance with the Scheme of
Administration. Clause - 8 of the Scheme
of Administration prescribes that the
Committee of Management shall consist of
fifteen members out of which three
members shall be ex-officio members and
twelve members shall be elected by the
general body of the College from amongst
the members of the general body of the
College itself and in the manner provided
in the Scheme of Administration. The term
of the Committee of Management is five
years. Clause - 11(3) of the Scheme of
Administration provides that the list of
members of the general body of the College
shall be declared three months before the
five year term of the Committee of
Management expires and the list shall be
communicated to the members of the
general body of the College. Clause - 26
specifically notes that the College shall be
managed in accordance with the provisions
of the Scheme of Administration and any
rule or order issued by the Registrar -
Firms, Societies and Chits shall not be
applicable on the general body of the
College or on its executive committee.

5. The last election of the Committee
of Management of the College was held on
1.1.2017 in which one Shri Vipin Kumar
Chauhan was elected as Manager and his
signatures were attested vide order dated
18.1.2017 passed by the District Inspector
of Schools, Aligarh (hereinafter referred to
as, 'DIOS'). The petitioner in Writ - C No.
12426 of 2022 claims that subsequently
another election was held on 5.12.2021 in
which
Smt.
Niharika
Chauhan,
the
petitioner no. 2, was elected as Manager
and the requisite documents to attest her
signatures as Manager were sent to the
DIOS. Respondent no. 4 also set up a rival
election allegedly held on 28.11.2021
claiming to be elected as Manager. As rival
claims regarding the elections were set up
by different parties, the DIOS vide his
letter dated 15.12.2021 referred the matter
to the Regional Level Committee and also
by his order dated 26.3.2022 passed under
Section 5 of the Act, 1971 directed that the
accounts of the College would be operated
by the Finance and Accounts Officer
(Secondary Education), Aligarh and the
Principal of the College.

6. The Regional Level Committee
vide its decision dated 29.3.2022 rejected
the rival elections set up by the parties on
the ground that both the elections were held
on a list which was not registered under
Section 4-B of the Act, 1860 (as amended
in 2013). Consequently, by order dated
30.3.2022, the Joint Director of Education,
Aligarh Division, Aligarh appointed an
928 INDIAN LAW REPORTS ALLAHABAD SERIES
Authorized Controller in the College and
directed
that
elections
to
elect
the
Committee of Management of the College
be held on the list of members of the
general body of the Society registered
under Section 4-B of the Act, 1860.

7. The orders dated 26.3.2022 passed
by the DIOS, the order dated 29.3.2022
passed by the Regional Level Committee
and 30.3.2022 passed by the Joint Director
of Education, Aligarh Division, Aligarh
have been challenged in Writ - C No.
12426 of 2022 in which a further prayer
has been made that the Regional Level
Committee be directed to pass fresh orders
on the reference made to it by the DIOS
through his letter dated 15.12.2021. A
counter affidavit has been filed by
respondent no. 4 opposing the claim raised
in Writ - C No. 12426 of 2022. The stand
of the respondent no. 4 as taken in his
counter affidavit to challenge the claim of
the petitioners shall be referred while
narrating the arguments of the counsel for
the respondents.

8. While Writ - C No. 12426 of 2022
was pending in this Court, the petitioners
again held elections to elect the Committee
of Management and its office bearers. The
elections were held on 10.9.2023 in which
petitioner no. 2 was elected as Manager.
The requisite documents were sent to the
DIOS for attesting the signatures of
petitioner no. 2 as Manager. It also appears
that respondent no. 4 also set up a rival
election dated 3.9.2023 claiming to have
been elected as Manager. The petitioners as
well as respondent no. 4 both claimed that
their elections were held on the basis of
lists registered under Section 4-B of the
Act,
1860.
Another
election
dated
10.9.2023 was held by the Authorized
Controller on a list of members registered
under Section 4-B of the Act, 1860 and in
the said election, the respondent no. 4 is
shown to have been elected as Manager.
The requisite documents were also sent by
the Authorized Controller to the DIOS for
appropriate decision. The DIOS vide his
order dated 14.9.2023 rejected the elections
set up by the petitioners and respondent no.
4 but recognized the election held by the
Authorized Controller on 10.9.2023 on the
ground that in view of the order dated
30.3.2022 of the Joint Director only the
Authorized Controller had the power to
hold the elections of the Committee of
Management
and
its
officer
bearers.
Consequently, the DIOS vide his order
dated 14.9.2023 attested the signatures of
respondent no. 4, as the Manager of the
Committee of Management of the College.
The order dated 14.9.2023 has been
challenged in Writ - C No. 42499 of 2023.

9. It was argued by the counsel for the
petitioners that the general body of the
College is different and separate from the
general body of the Society and the
members of the general body of the College
are enrolled in accordance with the
provisions of the Scheme of Administration
approved by the Director of Education and
not in accordance with the bye-laws of the
Society. The members of the general body
of the Society are not automatically
members of the general body of the College
and they have to be separately enrolled as
members of the general body of the College
in the manner prescribed in the Scheme of
Administration.
It
was
argued
that
members of the general body of the Society
have no right to participate in the elections
of the Committee of Management of the
College or in the meetings of the general
body of the College if they have not been
separately enrolled as members of the
general body of the College. It was argued
7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
929
that Section 4-B of the Act, 1860 applies
only to the list of members of a society
registered under the Act, 1860 and the list
of members of an institution governed by
the Act, 1921 is not required to, and can not
be, registered under the Act, 1860. It was
argued
that
the
composition
and
constitution
of
the
Committee
of
Management of an institution is to be in
accordance with the provisions of Act,
1921 and the Scheme of Administration
approved by the Director and not by Act,
1860. It was argued that the elections to
elect the Committee of Management had to
be held in accordance with the Scheme of
Administration, therefore, the Committee
of Management and its office-bearers had
to be elected by members of the general
body of the College and not by members of
the general body of the Society. It was
argued that the order dated 29.3.2022
passed by the Regional Level Committee
rejecting the elections set up by the
petitioners only on the ground that the said
elections were held on a list which had not
been registered under Section 4-B of the
Act, 1860 and also so far as it directs that
the elections to elect the Committee of
Management be held on a list registered
under Section 4-B of the Act, 1860 ignores
the aforesaid aspect and for the aforesaid
reasons, the order dated 29.3.2022 passed
by the Regional Level Committee and the
consequential order dated 30.3.2022 passed
by
the
Joint
Director
of
Education
appointing an Authorized Controller to
manage the College are contrary to law. It
was further argued that as the elections
dated 10.9.2023 recognized by the DIOS
vide his order dated 14.9.2023, have been
held by the members of the general body of
the Society and not by the members of the
general body of the College, therefore, the
order dated 14.9.2023 passed by the DIOS
is also contrary to law. It was further
argued that the validity of the order dated
14.9.2023 is dependent on the legality of
the order dated 29.3.2022 passed by the
Regional
Level
Committee
and
the
consequential order dated 30.3.2022 passed
by the Joint Director of Education which
are bad in law and for the said reason, the
order dated 14.9.2023 passed by the DIOS,
Aligarh is also contrary to law. It was
argued that for the aforesaid reasons, the
order dated 29.3.2022 passed by the
Regional Level Committee, the order dated
30.3.2022 passed by the Joint Director of
Education and the order dated 14.9.2023
passed by the DIOS are liable to be
quashed.

10. Rebutting the arguments of the
counsel for the petitioners, the Standing
Counsel representing the State respondents
and the counsel for respondent no. 4 have
argued that the orders challenged in the
present
petition
are
based
on
the
Government Order dated 21.11.2008 which
directs
that
in
the
Scheme
of
Administration of an institution governed
by the Act, 1921, there shall be a clause
providing that the members of the general
body of the parent society, i.e., the Society
which manages the Institution, shall elect
the Committee of Management of the
Institution. It was argued that for the
aforesaid reasons, the election set-up by the
petitioners were not in accordance with law
in as much as admittedly, the elections
were held by the general body of the
College and the office-bearers were elected
by an electoral College which consisted of
persons who were not members of the
general body of the Society. It was argued
that vide order dated 30.3.2022, an
Authorized Controller was appointed in the
Institution who was authorized to hold the
elections of the Committee of Management
of the College and its office-bearers on a
930 INDIAN LAW REPORTS ALLAHABAD SERIES
list of members of the Society registered
under Section 4-B of the Act, 1860. The
elections were held on 10.9.2023 electing
the respondent no. 4 as Manager. It was
argued that the DIOS, vide his order dated
14.9.2023, has rightly recognized the
elections held on 10.9.2023 because as a
consequence of the order dated 30.3.2022,
only the Authorized Controller had the
jurisdiction to hold the elections of the
Committee of Management and its office
bearers. It was argued that for the aforesaid
reasons, there is no illegality in the order
dated 29.3.2022 passed by the Regional
Level
Committee,
the
order
dated
30.3.2022 passed by the Joint Director of
Education and the order dated 14.9.2023
passed by the DIOS and the petitions are
liable to be dismissed.

11. I have considered the submissions
of the counsel for the parties.

12. Before proceeding further, it
would be apt to consider the provisions of
the Act, 1921 pertaining to the Scheme of
Administration of an institution governed
by the Act, 1921.

13. Section 16-A of the Act, 1921
starts with a non-obstante clause and
provides that notwithstanding anything in
any law, document, or decree or order of a
Court or other instrument, there shall be a
Scheme of Administration for every
institution which, amongst other matters,
shall provide for the constitution of a
Committee of Management vested with the
authority to manage and conduct the affairs
of the institution. Section 16-A(5) of the
Act, 1921 provides that the Scheme of
Administration of every institution shall be
subject to the approval of the Director and
no amendment to or change in the Scheme
of Administration shall be made without
the prior approval of the Director. The
proviso to Section 16-A(5) states that
where the Director refuses to approve an
amendment or change in the Scheme of
Administration, the State Government may,
if it is satisfied that the proposed
amendment or change is in the interest of
the institution, order the Director to
approve the same and thereupon the
Director shall act accordingly. Section 16A(6) provides that every recognized
institution shall be managed in accordance
with the Scheme of Administration framed
under and in accordance with sub-section
(1) to (5) and Sections 16-B and 16-C of
the Act, 1921. Section 16-C of the Act,
1921 provides that when a Scheme of
Administration is submitted to the Director
for approval, the Director shall, within the
time prescribed, either approve the draft
Scheme of Administration or suggest any
alteration or modification therein and in
case, the Director suggests any alteration or
modification
in
the
Scheme
of
Administration, he shall intimate the
reasons therefor to the institution and shall
afford an opportunity to the institution to
make a representation within the prescribed
time. Section 16-C further specifies that if
the Director does not suggest any alteration
or modification in the draft Scheme of
Administration within the time prescribed
by regulations, the draft Scheme of
Administration shall be deemed to have
been approved. Section 16-C(2) provides
that the Director may either approve the
Scheme of Administration as submitted
before him in its original form or subject to
the alteration or modification suggested or
with any other changes as may appear to
him to be just and proper. Section 16-CCC
of the Act, 1921 provides that where any
Scheme
of
Administration
has
been
approved under Sections 16-A, 16-B or 16C at any time before the commencement of
7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
931
the Act, 1980 (which incorporated certain
amendments in Act, 1921) and such
Scheme of Administration is inconsistent
with the provisions of the Act, 1921, the
Director shall send, within a period of three
years from such commencement, a notice
to the institution suggesting any alteration
or
modification
in
the
Scheme
of
Administration and requiring the institution
to submit a fresh Scheme of Administration
or to amend or alter the existing Scheme.
While suggesting the alterations, the
Director shall give his reasons therefor and
shall also afford an opportunity to the
institution to make a representation against
the alteration or amendment and may
approve the Scheme of Administration
either in its original form or subject to any
alteration or modification suggested by him
or with any other changes as may appear to
him to be just and proper.

14. The Third Schedule of the Act,
1921 enumerates the principles on which a
Scheme
of
Administration
shall
be
approved. The principles, in short, are that
every Scheme of Administration shall
provide
for
proper
and
effective
functioning
of
the
Committee
of
Management, the constitution of the
Committee of Management by periodical
elections, the qualifications of the members
and office- bearers of the Committee of
Management and the term of their offices,
the procedure for calling meetings and the
conduct of business at such meetings and
the Scheme of Administration shall also
provide that all decisions shall be taken by
the Committee of Management. The
Scheme of Administration shall clearly
define the powers and duties of the
Committee of Management and its officebearers. The Scheme of Administration
shall
also
include
provisions
for
maintenance and security of property
belonging to the institution and also for the
utilization of its funds as well as for the
regular checking and auditing of accounts.
Regulation 14 in Chapter I of the
Regulations framed under the Act, 1921
also relate to the framing of Scheme of
Administration
which
reiterate
the
principles of the Third Schedule and the
provisions from 16-A to 16-CCC of the
Act, 1921.

15. A reading of Section 16-D shows
that the affairs of an institution have to be
managed strictly in accordance with the
provisions
of
the
Scheme
of
Administration. Sub-clause (vi) and (vii) of
Section 16-D provide that where the draft
Scheme of Administration of an institution
has not been submitted within the time
allowed therefor under Section 16-B or that
the management of the institution is being
conducted otherwise than in accordance
with the Scheme of Administration or the
affairs of the institution are being otherwise
mismanaged
or
the
Scheme
of
Administration in relation to an institution,
approved before the commencement of the
Intermediate Education Amendment Act,
1980 is inconsistent with the provisions of
the Act, 1921 and the management of the
institution has failed to alter or modify it
within a reasonable time despite notice
under Section 16-CCC, the Director may
refer the case to the Board of Education for
withdrawal
of
recognition
of
such
institution or issue notice to the Committee
of Management to show cause within thirty
days from the date of receipt of such notice
why an order under sub-section (4) should
not be made. Clause - 4 of Section 16-D
provides that where the Committee of
Management of the institution fails to show
cause or where the Director is, after
considering the cause shown by the
Committee of Management, satisfied that
932 INDIAN LAW REPORTS ALLAHABAD SERIES
any of the grounds mentioned in subsection
(3)
exist,
i.e.,
where
the
management of the institution is being
conducted otherwise than in accordance
with the Scheme of Administration or the
provisions of the Scheme of Administration
are inconsistent with the provisions of Act,
1921 and despite notice the management
fails to alter or modify the Scheme of
Administration within reasonable time, the
Director may recommend to the State
Government to appoint an Authorized
Controller for that institution and thereupon
the State Government may authorize the
Authorized Controller to take over the
management of such institution and its
properties.

16. A reading of Section 16-D clearly
indicates that the management of an
institution has to be conducted strictly in
accordance with the provisions of the
approved Scheme of Administration and
any transgression from the provisions of
the Scheme of Administration would invite
action under Section 16-D(4) of the Act,
1921 putting the existing Committee of
Management
under
suspension
and
appointment of an Authorized Controller in
the institution.

17. It is also apparent from a reading
of Section 16-A to Section 16-D that it is
only
an
approved
Scheme
of
Administration which is to govern the
management of the institution.

18. The Act, 1921 does not require
that the list of members of the general body
of an institution should be registered under
the Act, 1860 or under any other legislative
enactments. An institution governed by
Act, 1921, merely because it is run by a
Society registered under the Act, 1860, is
not itself a Society registered under the
Act, 1860, therefore, the list of members of
the general body of such an institution is
not required to be registered under Section
4-B of the Act, 1860. Under Section 4-B of
the Act, 1860, the Registrar has the
jurisdiction to register only the list of
members of the general body of a Society
which is registered under the Act, 1860.
The Act, 1860 and Act, 1921 operate in
distinct fields and in case of any conflict
between the two, Section 16-A shall prevail
because of the non-obstante clause in the
provision. The Act, 1921 does not provide
that the general body of the parent society,
i.e., the Society which runs the institution,
would necessarily be the electoral College
for the elections of the Committee of
Management of the institution or its office
bearers. There is no provision in the Act,
1921 prohibiting constitution of a general
body of an institution different and separate
from the general body of the parent society
which runs the institution. Any provision in
the Scheme of Administration providing for
a general body of the institution separate
and different from the general body of the
parent society would not be invalid.

19. It was held by the Division
Bench of this Court in Committee of
Management Hindu Inter College and
Ors. vs. Regional Deputy D E and Ors.
1988 (14) AIILR 376 that Section 16-A of
the Act, 1921 is a complete code by itself
so far as the constitution of Committee of
Management of recognized institutions is
concerned and the Act, 1921 and Act, 1860
operate in distinct fields. The observations
of the Division Bench are reproduced
below : -

"[3]
The
submission
is
misconceived and must be rejected. Section
16A of the Intermediate Education Act is
a complete Code by itself in so far as the
7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
933
constitution
of
the
Committee
of
Management of recognised institutions
and the disputes pertaining to the
management of institution are concerned.
It begins with a non-obstante clause and
says:--

Notwithstanding anything in any
law, document or decree or order of a
Court or other instrument,.....

It provides that there shall be a
Scheme
of
Administration
for
every
institution which shall provide, amongst
other matters, for the constitution of a
Committee of Management vested with
authority to manage and conduct of the
affairs of the institution. The Scheme of
Administration has to be approved by the
Director of Education. The provision
obligates that every recognised institution
shall manage its affairs in accordance
with that Scheme. Then follows the allimportant sub-section 7 of Section 16A
which says:-
 Whenever there is dispute with
respect to the management of an institution,
persons found by the Regional Deputy
Director of Education upon such enquiry
as it deemed fit to be in actual control of its
affairs may, for purposes of this Act, be
recognized to constitute the Committee of
Management of such institution until a
court of competent jurisdiction directs
otherwise:

Provided
that
the
Regional
Deputy Director of Education shall before
making an order under this sub-section,
afford reasonable opportunity to the rival
claimants to make representations in
writing.

[4] ...

[5] The Societies Registration
Act, on the other hand, deals, inter alia
with the resolution of disputes with respect
to the election of the office bearers of a
registered society. The power of the
Registrar or the prescribed authority to
determine disputes in respect of the
election of the office bearers of the society,
as distinct from the managing committee of
the institution run by that society, operates
in an altogether different field from that
with which the Regional Dy. Director is
concerned. The two enactments, namely,
the Intermediate Education Act and the
Societies Registration Act, to our mind,
operate in distinct fields. There is no
overlapping between the two. Even if there
is, insofar as disputes pertaining to the
management of a recognized institution or
the constitution of the Committee of
Management are concerned, the Dy.
Director of Education enjoys, in view of the
scheme of the Act and the non-obstante
clause used in Section 16A(1) and the clear
provisions of Section 16A(1) exclusive
powers save to the extent that the decision
of the Dy. Director of Education under subsection (7) shall operate only till a court of
competent jurisdiction directs otherwise."
(emphasis supplied)

20. The Government Order dated
21.11.2008 could not have overriden the
statutory
provisions.
The
Government
Order itself does not amend and could not
have amended any existing Scheme of
Administration. In light of the Government
Order dated 21.11.2008, the Director could
have proposed to any institution to amend
the Scheme of Administration after giving
the existing Committee of Management an
opportunity
to
represent
against
the
proposed amendments and then further, the
Director or any other competent authority
could have approved the existing Scheme
of Administration either in its unamended
form or with the proposed amendments (in
this case, the amendments proposed in the
Government Order dated 21.11.2008) but
till the Scheme of Administration is so
934 INDIAN LAW REPORTS ALLAHABAD SERIES
amended, the provisions of the Government
Order dated 21.11.2008 could not have
been implemented in the institutions where
the Scheme of Administration has not been
amended incorporating the clause provided
in the Government Order.

21. The outcome of the aforesaid
discussion is that elections to a Committee
of Management of an institution and its
office- bearers are to be held in accordance
with the Scheme of Administration. Any
transgression from the scheme prescribed
in the Scheme of Administration would
invalidate the elections and any elections
held according to the provisions of the
Scheme of Administration cannot be
rejected by the DIOS or the Regional Level
Committee on the ground that the elections
were
not
in
accordance
with
the
Government
Order
dated
21.11.2008.
Under Section 16-A(7) of the Act, 1921,
the educational authorities - the District
Inspector of Schools, the Regional Level
Committee, the Joint Director or any other
authority - can only look into the question
as to whether the elections set up by the
concerned party was in accordance with the
Scheme of Administration. The educational
authorities while deciding any dispute
regarding rival claims set up by the parties
under Section 16-A(7) cannot go beyond
the
provisions
of
the
Scheme
of
Administration. Resultantly, where the
Scheme of Administration of the institution
stipulates a general body of the institution
separate and different from the general
body of the parent society, i.e., the society
which runs the institution, and the general
body of the society is not the electoral
College for electing the Committee of
Management and the office bearers of the
institution,
the
elections
cannot
be
invalidated on the ground that the elections
were held on a list which was not registered
under Section 4-B of the Act, 1860.

22. In the present case, the Scheme of
Administration
of
the
College
was
approved by the Regional Joint Director of
Education, Agra. It is not the case of the
respondents that any action was taken or
any notice was issued to the College by the
Director under Section 16-B or Section 16CCC to include in the Scheme of
Administration
of
the
College
the
provisions of the Government Order dated
21.11.2008. The provisions stipulated in
the Government Order dated 21.11.2008
were not incorporated in the Scheme of
Administration of the College. There is
nothing on record in the present case to
show that any proposal was made by the
Director or any other authority asking the
College
to
amend
its
Scheme
of
Administration in accordance with the
provisions stipulated in the Government
Order dated 21.11.2008.

23. The Scheme of Administration of
the College provides for a general body of
the College separate and different from the
general body of the Society. There is no
provision
either
in
the
Scheme
of
Administration of the College or in the byelaws of the Society providing that members
of the general body of the Society shall
automatically also be members of the
general body of the College or that the
general body of the Society shall also be
the general body of the College. The
Scheme of Administration of the College
provides that any person desirous of being
member of the general body of the College
shall deposit the requisite fees, either by
cheque or bank draft issued in the name of
the College, along with an application
recommended by any member of the
general body of the College and submit the
7 All. The C/M Nawab Singh Chauhan Gramoday Inter College, District Aligarh & Anr. Vs. The
 State of U.P. & Ors.
935
application before the Treasurer of the
College. The application shall be placed
before the Manager who shall in turn place
the
same
before
the
Committee
of
Management and in case, the Committee of
Management refuses to enroll the said
person as member of the College, the
matter shall be placed before the general
body of the College. Clause - 5 of the
Scheme of Administration provides that if
the general body of the College agrees to
admit the applicant as member, the
applicant shall be admitted as member with
effect from the date the cheque or the bank
draft was submitted by him. A reading of
Clause - 5 of the Scheme of Administration
shows that it is the general body of the
College which has the authority to decide
on the admission of any applicant as a
member of the general body of the College
and the society - its general body or its
governing body - has no role in the matter.
The Scheme of Administration of the
College also provides that the Executive
Committee of the College shall be
constituted by elections from amongst
members of the general body of the
College and the elections shall be held by
the general body of the College. The
Scheme does not stipulate participation of
the general body of the Society in the
elections
of
the
Committee
of
Management or its office-bearers. Clause
- 26 of the Scheme of Administration also
provides that any order passed by the
Registrar, Firms, Societies and Chits shall
not be applicable either on the general
body of the College or on the Executive
Committee of the College. In short, the
general body of the Society is not the
electoral
College
which
elects
the
Committee of Management and the office
bearers
of
the
College.
Thus,
the
elections
of
the
Committee
of
Management and the office bearers of the
College cannot be rejected on the ground
that the elections were held, on a list of
members which was not registered under
Section 4-B of the Act, 1860. Any order
rejecting the elections on the ground that
the election was held on a list not
registered under Section 4-B of the Act,
1860 would be vitiated because of
consideration of irrelevant material. As a
corollary, any election held on a list
registered under Section 4-B of the Act,
1860 and excludes members of the
general body of the College who were not
members of the general body of the
Society would be contrary to the Scheme
of Administration and invalid.

24. In view of the aforesaid, the
elections
of
the
Committee
of
Management of the College set up by the
petitioners and by respondent no. 4 and
referred to the Regional Level Committee
by the DIOS vide his order dated
15.12.2021 could not have been rejected
on the ground that the elections were held
on a list of members which had not been
registered under Section 4-B of the Act,
1860.
The
decision
/
order
dated
29.3.2022 passed by the Regional Level
Committee rejecting the elections set up
by the petitioners as well as the
respondent no. 4 on the aforesaid ground
is contrary to law. The consequential order
dated 30.3.2022 passed by the Joint
Director of Education appointing an
Authorized Controller in the College is, for
the same reason also contrary to law. The
appointment of Authorized Controller in
the College has been declared illegal. It has
also been held that the elections of the
Committee of Management and the office
bearers of the College could not have been
held on a list registered under Section 4-B
of the Act, 1860 and such an election
would be invalid because it would be
936 INDIAN LAW REPORTS ALLAHABAD SERIES
contrary to the Scheme of Administration.
For the said reasons, the elections dated
10.9.2023 were invalid and contrary to law.

25.

Thus,
the
order
dated
14.9.2023 passed by the District Inspector
of
Schools,
Aligarh
recognizing
the
elections dated 10.9.2023 electing the
respondent no. 4 as Manager of the
Committee
of
Management
of
the
Institution is also contrary to law.

26. For the aforesaid reasons, the
orders dated 29.3.2022, 30.3.2022 and
14.9.2023 are contrary to law and are,
hereby, quashed.

27. The matter is remanded back to the
Regional Level Committee, Aligarh Region,
Aligarh, i.e., respondent no. 2 to decide the
dispute regarding the rival elections set up by
the petitioners and respondent no. 4 and
referred to it by the District Inspector of
Schools,
Aligarh
by
his
letter
dated
15.12.2021 afresh in accordance with the
observations made above.