BIRLA HIGHER SECONDARY SCHOOL Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) The Biria High School Society, Delhi was registered in 1934 under the Societies Registration Act, 1860. It maintained and managed a school. By a letter dated 1st August, 1945 the Chief Commissioner, Delhi, accorded permanent recognition to this school for the purpose of examinations of the Board of Higher Secondary Education for Delhi. Subsequently, in 1958, the Society was registered again as the Biria Higher Secondary School Society. its primary object was to maintain, control and manage the already established school known as the 'Biria Higher Secondary School'. According to its Rules and Regulations, the general conduct, management and superintendence of the affairs of the Society is entrusted to an 'Executive Committee', and the particular conduct and management of the affairs of the School to a 'Managing Committee'. The Managing Committee is subordinate to and required to conform to the directions of the Executive Committee.

(2.) At present the School employs 80 teachers and has about 1800 students. Over the nearly 40 years of its existence it has acquired assets of very considerable value. It has a school building, said to be valued at more than Rs 20 lakhs, land and movable assets. For more than 2 years it has been receiving grants-in-aid from the Education Dspartment, Delhi Administration. Since 1965, such grants are controlled by the Delhi Education Code. This Code was prescribed by the Chief Commissioner, Delhi, by a notification deted 16th January 1965 published in the Delhi Administration Gazette, and came into force on 15th February 1965. It is divided into 11 Chapters comprising 392 Articles. The Code deals with recognition of schools, grants-in-aid to them, and many other matters concerning schools and those employed in them.

(3.) Until the events to which we will now refer, all was well between the Society and the Education Department, Delhi Administration. They dealt with each other on the basis that the Code was binding between them. On 10th July 1971 at 5 p.m. there was a meeting of the Managing Committee of the school. Article 54(2) of the Cods prescribed certain requirements as to the composition of such a committee. The Principal of the School, the President or Chairman of the Parent-Teachers Association of the School, and one or two representativesofthe teachers of the school, depending on their number, are necessary members. Three members are nominated by the Director of Education. The total membership is not to exceed 16. Presumably, the remaining members may be nominated by the management of the School, although the Article does not expressly say so. It is not disputed that the Managing Committee of the School was constituted in accordance with that Article. The total membership was 13. On the occasion in question 10 members were present. One of them was N.C. Singhal, a nominate of the Director. M.D. Dalmia was in the Chair. Lachman Singh, the Principal, was absent. From the recorded minutes of this msfcting it appears, that after the business on the agenda was over. with the permission of the President, a letter of resignaton by Lachman Singh from the post of Principal was placed before the meeting. Eight members voted in favour of acceptance of the resignation; N. C. Singhal opposed the acceptance, and the member representative of the tea.chers abstained. Consequently, the resignation was accepted by majority, with immediate effect. The senior most teacher was appointed officiating Principal, and the Manager of the school was authorised to advertise the post and invite applications. It was also resolved that a copy of the letter to be addressed to Lachman Singh in reply, should be forwarded to the Director of Education as required by the rules (meaning probably in the Code).