TALUK HIGH SCHOOL COMMITTEE TENALI Vs. RUPAKULA SURYANARAYANARAO

JUDGEMENT

(1.) These two second appeals arise from the judgment and decree of the Court of the Subordinate Judge, Tenali, in A.Ss. No. 100 of 1953 and 102 of 1953 respectively. The points arising for determination in both the second appeals are identical though the parties are different.

(2.) The facts giving rise to these second appeals may be briefly stated : the Taluk High School Committee, Tenali, is a Society registered under the Societies Registration Act (XXI of 1860). As can be gathered from the Memorandum of Association, the object of the Society is to impart edu'cation by opening and maintaining High Schools and Colleges in the Town of Tenali or within the Taluk by taking over the management of the Lower Secondary and Primary Schools which may be considered to serve as feeders for the said high schools and by opening and maintaining Primary or Industrial or Commercial Schools in the Town of Tenali or elsewhere in the Taluk as far as circumstances necessitate and funds permit. It is provided that the members enrolled from time to time should constitute the general body of the committee. Here it is necessary to state that in O.S. No. 21 of 1939 on the file of the Sub-Court, Tenali, which was a suit for the framing of a scheme for the management of the institution, there was a compromise decree which is evidenced by Exhibit A-1, dated 1st April, 1942. Under this compromise decree, it was provided that the Managing Board should consist of seven members, that it should manage the institutions and that the term of the Board should be three years. Para II (3) of the decree provided for constitution of the Managing Board, clause (4) for the quorum and clause (6) enumerated the powers which the Managing Board was to exercise. I shall deal with this scheme decree in greater detail a little later. For the present, it is sufficient to state that this decree was passed on the basis of certain resolutions which were agreed to at the general body meeting of the committee.

(3.) While so, a general body meeting of the committee met on 25th March, 1948 and passed a resolution enhancing the strength of non-official members of the Managing Board from four to seven resulting in raising its total strength from seven to eleven. The plaintiff in O.S. No. 98 of 1952 thereupon sought a declaration that the general body had no power to alter the rules regarding the powers and the strength of the Managing Board and for an injunction restraining the committee from effecting any changes in the rules relating to the enrolment of members. In the other suit O.S. No. 231 of 1952, the plaintiffs questioned the validity of the resolution passed by the general body on 23rd July, 1952, appointing a Headmaster to the Taluk High School, Tenali, on a monthly remuneration amounting in all to Rs. 320 as being mala fide and amounting to gross abuse of the powers of the managing Board. They also sought a declaration that the change, enhancing the strength of the Managing Board from seven to eleven was illegal and ultra vires and an injunction restraining the Board from enforcing the resolution appointing the and defendant as Headmaster of the High School.