 Committee of Management, Jain Inter College, Khekda, District Baghpat,

through its Manager Rahul Jain son of Sri Naresh Chand Jain, resident of
Jain College Road, Khekda, District Baghpat
 Rahul Jain, Manager of Committee of Management, Jain Inter College,
Khekda, District Baghpat
1. State of U.P., through Secretary, Secondary Education, Government of
U.P., Lucknow.
2. Regional Committee, through its chairman Joint Director of education

3. District Inspector of Schools, Baghpat.

4. Finance and Audit officer, Secondary Education, Baghpat

1. That by means of present writ petition under Article 226 of the Constitution of
India, the petitioners are challenging the legality and validity of the impugned
order dated 14.02.2023 passed by the respondent no.2 for single operation of
the salary account of the institution by authorizing the respondent no.3 to
operate the said account. A copy of the impugned order dated 14.02.2023
passed by the respondent no.2 is being annexed as Annexure No.1 to this writ
petition.

2. That brief facts originate to the present writ petition under Article 226 of the
Constitution of India are being showeth as under:

3. That there is a registered society namely Jain Educational Association,

Khekda registered under the Societies Registration Act, 1860. The said society
was constituted with an aim and object to impart good quality education to the
students at large. The society is having its approved by-laws. A copy of the
by-laws of the society is being annexed as Annexure No.2 to this writ
petition.
4. That the abovementioned society established and runs an intermediate college
known as “Jain Inter College” (hereinafter referred to as ‘institution’). The
institution is a minority institution, duly recognized under the U.P.
Intermediate Education Act, 1921 and is also governed under the U.P. Act
No.24 of 1971, U.P. Act No.5 of 1982 and the Rules framed thereunder. The
institution is receiving grant in aid from the State Government upto
Intermediate level. The institution is duly managed by the petitioner
committee of management.

5. That the last election of the committee of management was held on

24.12.2017 whereby petitioner no. 2 was elected as Manager and one Shri
Naresh Chand Jain was elected as President.

6. That the respondent no.2 vide order dated 16.01.2018, attested the signature of
the petitioner no. 2 as manager of the institution recognizing the election dated
24.12.2017 and since then the petitioner no. 2 is discharging his functions with
utmost dedication and devotion.

7. That as per the scheme of the administration of the institution the term of the
office bearers was four years which was later extended for 1 year. copies of
the scheme of the administration of the institution and amended scheme of
administration of the institution are being annexed as Annexure No.3 to this
writ petition.

8. That as per the amended scheme of the administration of the institution the
term of the committee of management of institution was going to end on
15.01.2023, therefore, proceeding of new election had been commenced by
the petitioners being outgoing committee of management on 03.09.2022 where
in order to hold the election, the committee of management by passing a
resolution dated 03.09.2022 chose three names i.e. Vinay Kumar Jain, Sudhir
Kumar Jain and Pawan Gupta for appointment of election officer.
9. That in order to finalize the name of election officer, the committee of
management/Manager sent the letter to the respondent no. 3 seeking
permission to hold the election by appointing election officer amongst above
proposed three names, upon which the respondent no. 3 vide letter dated
10.11.2022 appointed Shri Vinay Kumar Jain as election officer to hold the
election of committee of management. Copy of letter 10.11.2022

10. That on 16.11.2022, the committee of management sent a letter to the election
officer to hold the election of committee of management strictly as per the
scheme of administration. A copy of the letter dated 16.11.2022 sent by the
Manager to the election officer to hold the election of committee of
management is being annexed as Annexure No.4 to this writ petition.

11. That on 16.11.2022, the committee of management also provided the voter list
which runs into as many as 55 pages having 1891 members along with the
scheme of administration and the voter list of 2017 along with the list of
deceased members.

12. That the election officer issued the election schedule having publication in the
newspapers where as per the election schedule, the election officer was
required to publish the voter list on 02.12.2022 and 03.12.2022 to 05.12.2022
were fixed for filing objection on the voter list and 06.12.2022 was fixed for
disposal of any objection on the voter list and finally, the date of election, vote
counting and declaration of result was fixed on 25.12.2022. A copy of the
election schedule is being annexed as Annexure No.5 to this writ petition.

13. That on the voter list, which was published by the election officer on
02.12.2022 having names of 1891 members including the newly enrolled 311
members, the objections which were about 40 in numbers were received and
all the objections were duly disposed of by the election officer on 06.12.2022,
whereby duly acknowledging the voter list of 1891 members except the
 deceased and 10 minor members, which were incorrectly enrolled, but the
Election Officer being dissatisfied approached the respondent no.2 by
submitting some ex-parte order dated 25.11.2022 received under the Right to
Information Act upon which the respondent no.3 has passed an illegal ex-parte
order dated 07.12.2022 that the election of committee of management be held
on the voter list used in the election of 2017. Copy of the order dated
07.12.2022 and order dated 25.11.2022 are being annexed as Annexure No.6
to this writ petition.

14. That the petitioner committee of management being aggrieved by the order
dated 07.12.2022 approached this hon’ble court by filing writ petition being
writ petition no. 38608 0f 2022 whereby this hon’ble court vide order dated
16.03.2023 remitted the matter to the Deputy Registrar, Chits, Firms and
Societies, District Meerut with the following directions.

i. The Deputy Registrar, Chits, Firms and Societies, District

Meerut shall take out proceedings under Section 4B of
Societies Registration Act by noticing all necessary parties
and inviting lists of valid members from them.

ii. The Deputy Registrar, Chits, Firms and Societies, Meerut,

shall record his satisfaction in the order-sheet of the
proceedings that rival parties have been served with the
pleadings and documents being relied upon by their
respective adversaries.

iii. The Deputy Registrar, Chits, Firms and Societies, District

Meerut shall fix the date of hearing on which both the
parties shall appear and make their submissions.
 iv. The respondent No.3-DIOS, Baghpat, shall thereafter pass
the reasoned and speaking order under Section 4B
declaring the list of valid members of the society.

A copy of the order dated 16.03.2023 passed by this hon’ble court is being
annexed as Annexure No.7 to this writ petition.

15. That as per the scheme of administration of the institution the outgoing
committee of management of the institution has already commenced the
election process, where the verification of electoral roll is pending before the
Deputy Registrar, Chits, Firms and Societies, District Meerut. The all office
bearers of committee of management of the institution while cooperating in
the election process of the committee of management of the institution are
discharging their functions with utmost dedication and devotion, without there
being any inconvenience caused to any teacher/ staff but suddenly on
14.02.2023 the respondent no. 3 by passing the impugned order held the term
of the committee of management ended and directed that the salary account of
the institution shall be operated singly by further authorizing the respondent
no.4 to operate the said account.

16. That the impugned order is ex-facie illegal, arbitrary and cannot be sustained
under the eyes of law.

17. That the respondent no. 3 before passing the impugned has failed to consider
that the said impugned order can be passed only on the default of payment of
salary to the teacher/ staff on the part of ongoing committee of management.
The basic object of giving such authority to respondent no. 3 is to ensure that
teachers and other employees of an institution are paid their salaries in due
time and without any unlawful deductions.
18. That the petitioner committee of management has never defaulted in payment
of salaries to teacher/staff and there is also no complaint has been made by
any teacher/staff to respondent no. 2 regarding the non-payment of salary. The
order of single operation of accounts could be passed by the District Inspector
of School, where the difficulty has been arisen in disbursement of salary of the
teacher/staff of the institution due to any default of committee of management.

19. That before passing an impugned order, the petitioners were never informed
that the order of single operation of accounts would be passed.

20. That the respondent no. 2, without considering the essence of act no. 24 of
1971 and scheme of administration of the institution, arbitrarily, without
application of mind passed this impugned order even without giving any
opportunity of hearing to the petitioner committee of management which in
itself is a violation of natural justice.

21. That the respondent no.2 while passing the impugned order did not record any
reason or finding based on which the impugned order of single operation of
account has been passed.

22. That it is pertinent to mention here that the said impugned order is passed in
the proper violation of natural justice where respondent no. 2 instead of co-
operating with the petitioner in conducting the new election of committee of
management, passed this impugned order.

23. That as the term of the committee of management was to completed on

15.01.2023, the proceeding of new election had already been commenced by
the committee of management on 03.09.2022, where the objection regarding
the electoral roll has been raised by the some of the member of the society
which is pending consideration before the Deputy Registrar, Chits, Firms and
 Societies, District Meerut in compliance of the order of this hon’ble court
passed on 16.03.2023.

24. That before passing the impugned order the respondent no. 3 has failed to
consider that the institution is a minority institution recognised by the
Education Department of the State and the petitioners institution being
minority institution no provision can be made in the Scheme of administration
of the institution for appointment of authorised controller on expiry of term of
committee of management. The appointment of authorised controller in the
minority institution is against the provision of Section 16-D of the Act, 1921.

25. Article 30 of the Constitution of India gives two-fold rights to the minority,
firstly to establish institutions of their choice and to administer the said
institutions. Section 16-D of the Act which empowers the State Government to
appoint Authorised Controller to take over the management of a private
recognised institution is not made applicable to the minority institutions. This
is to protect their right of minority guaranteed under Article 30 of the
Constitution of India. The Authorised Controller appointed under Section 16-
D is a Controller which supersedes the Committee of Management and the
said Controller is appointed for a period of two years which can be extended
to five years and in the event no lawfully constituted Committee comes into
being the said Controller can continue even thereafter. The appointment of the
authorised Controller takes away the entire right of the management from
minority hence the said provisions have been made inapplicable to the
minority.
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously
be pleased to: -

i. Issue a writ, order, or direction in the nature of Certiorari quashing the

impugned order dated 14.02.2023 passed by the respondent no.2
(Annexure No.1 to the writ petition);

ii. Issue a writ, order, or direction in the nature of Mandamus directing the
respondent no.2 not to interfere in the peaceful functioning of the
petitioners committee of management;

iii. Issue any other order or direction, as this Hon’ble Court may deem fit and
proper under the facts and circumstances of the case.

iv. Award the cost in favour of the Petitioners.