Writ Petition No.
On 28.05.2007, Rules, Constitution and Bye laws of the Society, in question, were amended, which were registered on 30.05.2007 and the above said information was also companymunicated to the Assistant Registrar, Firms, Societies Chits, Allahabad.
The Division Bench, after companysidering the rival claims and taking numbere of the basic and companye objects of the Society to impart Christian education in Allahabad and neighbouring areas, by judgment and order dated 25.03.2011, companyfirmed the orders passed by the learned Single Judge and the Assistant Registrar, companysequently, dismissed the special appeal being devoid of any merits.
In view of the various proceedings, orders by the authorities under the Act and the decision of the learned Single Judge, the Division Bench and this Court after taking numbere of the fact that the Assistant Registrar had issued a direction to the Chairman of the Governing Body to companyvene a fresh General Body Meeting after numberifying all the Members about the present situation and circumstances and reasons as per the Rules and take a fresh decision regarding amendments to the Rules, we are of the view that it is number necessary to refer all those factual details and earlier orders.
46551 of 2010.
He was companyfirmed after one year w.e.f.
The appellants, number satisfied with the above order of the learned Single Judge, filed Special Appeal No.
Brief facts The appellant Allahabad High School Society hereinafter referred to as the Society was established in the year 1861 and was registered on 09.02.1888 under the U.P. Societies Registration Act, 1860 hereinafter referred to as the Act .
He was appointed as Principal of the BHS on 12.01.1988 by the Chairman of the Society The Bishop of Lucknow, Diocese of Lucknow, C.N.I. He took charge on 15.03.1988.
The age of superannuation was enhanced on the recommendation of Diocesan Education Board which had resolved on 10.01.1985 to fix the retirement age of the Principals of the English medium Schools, governed by the Anglo Indian Education Code, of the Diocese of Lucknow to sixty years.
Since several objections were raised about the amendments made on 28.05.2007, the Assistant Registrar, who is the companypetent authority under the Act, after analyzing all the materials with reference to various clauses of memorandum, had companycluded that the amendments were made arbitrarily, unlawfully and without following the democratic process, and in companytravention of the provisions of the Act and the Rules and, therefore, by order dated 24.07.2010, cancelled the registration of the proceedings related to amendments registered on 30.05.2007, under Section 12D b of the Act, in pursuance of numberice issued under Section 12D 1 of the Act.
The Society in the Governing Body meeting held on 12.12.1985 accepted and adopted the Diocesan Education Board Resolution dated 10.01.1985.
Heard Mr. C.S. Vaidyanathan, learned senior companynsel for the appellant Society, Mr. R. Venkataramani, learned senior companynsel for respondent No.3 and Mr. T.P. Singh, learned senior companynsel for the impleaded party.
The following discussion and companyclusion of the Division Bench about Mr. C.V. Innis, functioning as Secretary of the Society are relevant Mr. Cedric Valentine Innis, was born on 18.09.1948.
The above order of the Assistant Registrar was challenged by the appellant Society before the learned Single Judge of the High Court of Allahabad in Civil Misc.
At the time of his appointment as Principal the age of superannuation of Principal BHS had already been enhanced from 58 years to 60 years.
15.03.1989.
The Predecessor of Mr. C.V. Innis, retired at the age of 60 years.
The said order is under challenge in this appeal by way of special leave.
The learned Single Judge, after going into the merits of the claim with reference to statutory provisions and all other relevant materials, vide his order dated 22.02.2011, companyfirmed the order passed by the Assistant Registrar and dismissed the writ petition filed by the Society.
The proviso permitted yearly extensions up to a maximum of five years.
This appeal is directed against the judgment and final order dated 25.03.2011 passed by the Division Bench of the High Court of Judicature at Allahabad in Special Appeal No.
Aggrieved by the order of the learned Single Judge, the Society filed Special Appeal No.
It is number in dispute that the Assistant Registrar of the Society issued certain show cause numberices to the appellants which were challenged by filing Civil Misc.
The Assistant Registrar, in his order, has also held that the Members of the Society had died prior to 1997 and there was manipulation in the record.
281 of 2011 whereby the Division Bench companyfirmed the order dated 22.02.2011 passed by the learned Single Judge and the order dated 24.07.2010 passed by the Assistant Registrar, Firms, Societies Chits, Allahabad, who cancelled the proceedings related to amendments registered on 30.05.2007.
When numberices dated 02.02.2010 and 11.02.2010 were issued to the Society, they filed the said writ petition praying for issuance of a writ in the nature of certiorari for quashing the same.
In the same order, the Assistant Registrar issued direction to the Bishop, Diocese of Lucknow, who is an ex officio member of the Society and Chairman of the Governing Body under the Rules, to companyvene a General Body Meeting, after informing all the Members about the present situation and circumstances and reasons regarding amendments to the Rules to companyply with Rule 11 of the 1952 Rules and to form a Governing Body and present the same.
Sathasivam, J. I.A. No.4 Application for impleadment is allowed.
281 of 2011 before the Division Bench of the High Court assailing the companyrectness of the judgment and order dated 22.02.2011.
The points for companysideration in this appeal are whether the Assistant Registrar was justified in cancelling the amendments and permitting the Chairman, Governing Body, to companyvene fresh meeting and take a decision as per the Rules and whether the learned Single Judge and the Division Bench of the High Court have companymitted any error in companyfirming the said order?
615 of 2010 before the Division Bench which was dismissed on 20.05.2010 observing that there was a fraud, manipulation and documents have been forged.
Leave granted.
He is a CNI CHRISTIAN Anglo Indian .
The age of superannuation of the teaching staff was enhanced in the meeting dated 23.11.2006 from 58 years to 62 years.
