RaoTulaRam College,University Of Delhi

The first petitioner in this writ petition in the Rao Tula Ram College Society. It was registered on 2nd March, 1965 under the Societies' Registration Act (Act 30 of 1860) as amended in 1957 and extended to the Union Territory of Delhi. The second petitioner. Rao Birender Singh, is the President of the above Society who was authorised by a resolution passed by the Society at an emergent meeting held on 10th March, 1979 to take steps for challenging certain action taken by the respondents which according to the petitioners was arbitrary and illegal. The first respondent is the University of Delhi through the Vice-Chancellor of Delhi University. The second respondent (hereinafter referred to as the 'R-2') is Sri K. B. Rohatgi, Director of South Delhi Campus of Delhi University.

(2) By the above writ petition the petitioners pray for the issue of a writ of certiorari to quash a resolution of the Executive Council (EC) of the first respondent dated 6th March, 1979 and the further action taken in pursuance thereof by R-2 on 7th March, 1979. The Ec of the University at its meeting held on 6th March, 1979 is stated to have been satisfied with the affairs of the Rao Tula Ram College which was being conducted by the petitioners "were and are being managed in a manner prejudicial to the interests of the College, its teachers and students and in a manner prejudicial to the standard of teaching in the University", and to have, therefore, resolved that "7 additional members be added to the Governing Body of the College" under the provisions of Statute 30(1)(D) of the Statutes of the University. The Ec nominated 7 persons to be such additional members. This decision was communicated by R-2 to the second petitioner by his letter dated 7th March, 1979 (Annexure Y to the writ petition), the contents of which. are impugned by the petitioners. By another communication (Annexure Z) of the same date R-2 also called upon the second petitioner to send "the names of the nominees of the Trust for consideration and approval of the Executive Council of the University in accordance with the Statute 30(1)(C)." The petitioners challenge not only the action taken by the respondents in the above manner hut also the validity of the provisions of Statutes 30(1)(C) and 30(1)(D). They also seek a writ of prohibition restraining the respondents from interfering with the functioning of the members of the Governing Body who had been performing their functions since the beginning of the academic year.

(3) The resolution of the Ec dated 6th March, 1979 was the culmination of a long period of differences between the petitioners and the University of Delhi. We think that a proper idea of the entire controversy can be obtained only by a chronological narration of the entire history right from the beginning till the data of the impugned resolution and communications. As already stated the first petitioner Society was registered under the Societies Act on 2nd March. 1965. The objects for which the Society was established as set out in its Memorandum of Association included, inter alia, the following objects : "3(A)To establish, develop and maintain an educational institution called Rao Tula Ram College at Delhi (recognised by the University of Delhi) and to manage, supervise and administer its affairs." "3(b) To provide, establish, endow, maintain, control and manage Schools and other Educational Institutions and to do all acts and things necessary or conducive to the promotion of schools of the Montessory and Kinde .garten types, primary, Secondary, Higher, Commercial, Technical & Industrial Education at Delhi and elsewhere and for this purpose, to start, establish, conduct, maintain and manage Reading Rooms, Libraries, Laboratories, Gymnasiums, Quarters, and the like." "3(f) To start and conduct Magazines, periodicals and Newspapers and issue pamphlets to carry on Educational propaganda and further the aims and objects of the Society by means by lectures and other means." "3(m) To print, publish and exhibit any books, pamphlets or posters that may be considered desirable for the promotion of the objects of the Society."

Clause (a) required that "all deeds of transfer, leases and other documents relating to the immovable property of the Society shall be in the name of the Society and shall be signed by the President and Treasurer of the Governing Body jointly". The following rules and regulations of the above society are also relevant : "4.The Society shall consist of not less than nine and not more than fifteen members." "5. The Members of the Society shall be elected equally by the Samiti and the Trust. If, however, the total number of the members of the Society is not even the Samiti shall be entitled to elect one more member." "6. The Presidents of the Samiti and the Trust shall be ex-officio members of the Society and shall be alternately the President of the Society as well as of the Governing Body of the College.' "7. The members of the Society shall hold office for three years." "8. The members of the First Governing Body shall also hold office for three years." "9. A List of the names of the members of the Governing Body shall be filed with the Registrar, of Societies Delhi every year in the month of January." "12. Fundamental Rules (a) The name of the Rao Tula Ram Coliege Society shall never be changed. (b) The name of any renowned personality once a.ssociated with any block of building constructed by the Society shall also never be changed (c) The members of the Society, and the Staff and all other persons employed by the Society whether honorary or paid shall : (i) Remain devoted to the ideals for which has society has been established that is the spirit of patriotism, nationalism and service before self. (ii) Make a special study of the lives of the great Saints, Heroes and Martyrs, who dedicated their lives for the upliftment of the people and to attain and preserve the freedom of the country and have revrence for them, particularly for those who are held in reverence by the promoters of the Society and make best endeavors to inclusate the spirit of reverence for them and faithfully cooperate with the management in celebrating: their anniversaries ant various functions arranged to commemorate their lives and deeds and this shall be considered as an essential part of their duty. (d) No person shah be entitled to remain a inember of the Society or remain in its service or in the service of any of the institutions started or run by the Society whether honorary or paid, if he fails to comply with the provisions of clause (c) and the decision of the Society in this regard shall be final and binding." I? The Society may (i) create a body of missionaries who dedicate their lives for the fulfillment of the objects for which this Society has been started. (ii) entrusted the day to day management of the various institutions and other activities started or continued by the Society to such missionaries of the Society as are found suitable." "15. Governing Body There shall be a Governing Body for Managing the affairs of the College. It shall consist of : (i) All members of the Society. (ii) At least two nominees of the Delhi University. (iii) Principal of the college. (iv) Two representatives of the teaching staff." "18. Tenure Of Office The members of the Governing Body other than Principal and the teachers representative shall hold office for three years and shall be eligible for renomination or re-election. The term of teachers representatives shall be one year." "20. Powers And Duties Of The Governing Body : The Governing Body shall be the Executive authority and shall have all the powers of control and management of the affairs of the College. The Acts statutes, Ordinances and Regulations of the University of Delhi which may be in force from time to time will however be always honoured by the Governing Body." "21. Without prejudice to the generality of the powers given above the Governing Body shall : (i) .............. (ii) Appoint a Registrar or a Manager if necessary to look after the day to day administration of the college." "23. The staff serving in the college or any of the institutions started or run by the Society or allied Trusts or Societies shall be liable to be transferred from one institution to the other in the interest of the institutions concerned and for the maintenance of the educational standard." "25. Powers Of The Office Bearers : (A) The President. (i) Shall preside at, conduct and regulate all meetings of the Governing Body and any committee or sub-committee of which he may be a member and his rulings on any point of order and his decision as to the results of voting shall be final and conclusive. (ii) Shall be the Chief Executive Head for the Management of the college and shall for this purpose perform all or any of the functions on behalf of the Governing Body and shall have all the necessary perverse to enable him to discharge his duties efficiently. (ii) Shall be at liberty to spend for the purpose of the Society a sum up to Rs. 500/ without the previous approval of the Governing body provided that the expenditure incurred by the President without prior sanction shall be got approved from the Governing Body at its next meeting. (iv) May in an emergency in which in the opinion of the President, immediate action is requireed exercise any of the powers of the Governing Body as he may consider proper provided that the action taken by the President shall he placed before the Governing Body at its next meeting and the decision of the Governing Body shall be final." "26. All suits on behalf of or against the Society shall be filed by or against the Treasurer." "27. The Governing Body shall appoint a Secretary not being a member of the Governing Body who shall summon meetings, record proceedings and perform such other clerical function at the Governing Body may direct."