COMMITTEE OF MANAGEMENT BHARTIYA UCHCHATTAR MADHYAMIK VIDYALAYA SULTANPUR DARIYAOGANJ JAUNPUR Vs. DY DIRECTOR OF EDUCATION MADHYAMIK AZAMGARH

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition has been filed challenging the order dated 26-6-1996 passed by Deputy Director of Education (Madhyamik), Azamgarh, respondent No. 1, whereby he held that the resolution of no- confidence motion passed by the Committee of Management on 15-9-1995 and alleged to be confirmed by the general body on 24-9-1995 removing Ghanshaym Tiwari from the post of Manager of the institution and from the primary mem bership of the society was illegal and the order dated 14-10-1996 whereby he recog nised the Committee of Management elected on 21-7-1996 in which Sri Ghanshaym Tiwari, respondent No. 3, was elected as Manager of the Committee of Manage ment of the institution.

(2.) THE version of the petitioners is that there were 24 members of the society out of which one expired and only 23 members were left and they were entitled to par ticipate in the election. THE election was held on 10th July, 1966 in which Chandra Bhushan Dubey, petitioner No. 2, was elected as President and Shivanand Dubey as Manager of the Committee of Manage ment. Respondent No. 3 claimed that elec tion was held on 21-7-1996. THEre were 64 members of the general body of the society. In the election he was elected as Manager of the Committee of Management of the in stitution.

(3.) IT is admitted to both the learned counsel for the parties that there are no " separate members of the society and that of the institution. In this situation if the same persons are to be the members of the society as well as of the institution, the bye-laws of the society, which are not inconsistance with the scheme of administration, are also ap plicable in respect of enrolment of mem bership of the institution as well. Admitted ly the society is running the institution. There may be cases where the society runs several institutions and each of the institu tion has its own Committee of Manage ment. The constitution of the Committee of Management for the institution, the scheme of administration will be applicable for run ning the institution. The scheme of ad ministration is approved by the Deputy Director of Education under Section 16-A of the Act and the institution is to be governed by the Committee of Management constituted in accordance with the scheme of administration. In a case, however, where the general body of the society and its Com mittee of Management are the same as that of the institution it shall be deemed that the bye-laws of the society have been adopted except such provisions of the bye-laws which are inconsistant with the scheme of ad ministration. Considering from this point of view, it is to be examined whether any condi tion which has been provided for enrolling new members of the society is inconsistent with the provisions of scheme of administra tion.