Transparency Must In Management Of Educational Institutions Run By Charitable, Religious Organizations: Allahabad High Court

While dealing with a plea that alleged that the affairs of the Lucknow Christian College, Lucknow are wholly mismanaged, the Allahabad High Court recently observed that the affairs of the educational institutions, particularly, run by the charitable/religious organizations, such as the church and the society, should be conducted in a proper and transparent manner.

Essentially, the Bench of Justice Dinesh Kumar Singh was dealing with a plea filed by Bishop Subodh C. Mondal wherein it was alleged that the Properties of the church/society have been sold off by the persons, who have been/are at the hem of the affairs of the society.

It was also submitted that there are a number of litigations, which are pending before the Deputy Registrar, Chits, Firms and Societies, Civil Court, and the High Court regarding mismanagement of affairs of the society (Lucknow Christian College).

Against this backdrop, the Additional Chief Standing Counsel, representing respondents-State, submitted that in view of the allegations put forth by the applicant, it would be appropriate that, as an interim measure, the affairs of the society may be directed to be looked after by the District Magistrate, Lucknow.

Therefore, the Court (on December 16), as an interim measure, directed the District Magistrate, Lucknow to take over the charge of the society as Administrator to see that the affairs of the institutions run by the society are properly managed.

"This Court is of the opinion that the affairs of the educational institutions, particularly, run by the charitable/religious organizations, such as, the church and the society, should be conducted in a proper and transparent manner. The properties of the society should not be disposed of in the manner in which they have been disposed of in the past," the Court significantly remarked. 

Division Bench subsequent order dated December 22

However, it may be noted that this order of the Single bench has been stayed by a division bench of the Court insofar as, it directed for appointment of District Magistrate as Administrator (of the Lucknow Christian College), the same shall remain stayed until further orders of this Court.

Essentially, the division bench comprising Justice Ramesh Sinha and Justice Vivek Verma stayed the order while taking into account the submissions made by the counsel for the appellant party (C/M Lucknow Christian College Thru. President/Manager & Anr), that had moved before the Division bench claiming that that the single bench order traveled beyond the pleadings of the case before it.

It was also contended that the single bench considered the case which was never brought before the Court and he erroneously appointed the District Magistrate as Administrator in a minority institution.

Lastly, it was argued that there is no provision of law whereby the District Magistrate may be appointed as Administrator in a minority institution.

In view of these submissions, putting an interim stay, the Court, however, restrained the society from taking any policy decision(s) or any major decision and asked it to only perform the routine tasks that are essential to keep it functional.

"Needless to add that the disbursement of the salary to the teachers and non-teaching staffs as well as day to day expenditure shall be made. The society is also restrained from alienating its properties," the Court further added as it granted 4 weeks time to all the respondents to file their counter affidavit in the matter.

Click Here To Read/Download both the orders