IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 24970 of 2011(U) -------------------------- PETITIONER(S): ---------------------- DR.T.MUHAMMAD, S/O.T.AHAMMED, AGED 63 YEARS, MAYSHA, PANTHALAYANI-MUTHAMBI ROAD, KOYILANDY, CALICUT-673 305. BY ADV. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR RESPONDENT(S): ------------------------ 1. GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT NEW DELHI-110 001. 2. THE DIRECTOR/SECRETARY, JAN SHIKHAN SANSTHAN, 17/1070 TALUK OFFICE ROAD, PUTHIYARA, CALICUT-673 004. 3. K.NARAYANAN NAMBOODIRI, (RECEIVER IN OS 667 OF 2010 MUNSIFF COURT KOZHIKODE I] M SQUARE BUILDINGS, PAVAMANI ROAD, CALICUT-4. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24970/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1: A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE JAN SHIKSHAN SANSTHAN CALICUT ALONG WITH THE CERTIFICATE ISSUED BY THE REGISTRAR. EXHIBIT-P2: A TRUE COPY OF CERTIFICATE OF REGISTRATION OF JAN SHIKSHAN SANSTHAN ,CALICUT DATED 26.07.2000. EXHIBIT-P3: A TRUE COPY OF THE GUIDELINE FOR MANAGEMENT, PLANNING AND PROGRAMMING INCLUDING MODEL BYELAWS OF THE SCHEMEOF JAN SHIKSHAN SANSTHAN. EXHIBIT-P4: A TRUE COPY OF THE ORDER DATED 29.5.2009 OF THE 1ST RESPONDENT. EXHIBIT-P5: A TRUE COPY OF THE ORDER DATED 26.07.2010 OF THE 1ST RESPONDENT. EXHIBIT-P6: A TRUE COPY OF THE ORDER DATED 18.08.2011 OF THE DELHI HIGH COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 24970 OF 2011 ===================== Dated this the 11th day of October, 2011 J U D G M E N T Ext.P5 order passed by the Government of India approving the constitution of the Board of Management of Jan Shikshan Sansthan (JSS), Calicut is under challenge to the extent that the Receiver appointed by the Civil Court is permitted to be the Chairman of the JSS. The contention raised is that the said appointment of an outsider is against Clause 20.1 of Ext.P3 rules and regulations of the JSS. 2. Clause 20.1 deals with the selection, powers functions and duties of the Chairman. In this provision, what is relied on is the 3rd proviso, which reads as under:- “PROVIDED also that where a Chairman of the parent Voluntary Organization ceases to be the Chairman of the JSS, the Governing Body of the parent Voluntary Organization shall nominate one of its members as the Chairman of the JSS.” 3. Relying on the said provision, it is contended by the learned counsel for the petitioner that even if a situation for nomination of any Chairman arise, the Chairman nominated can only be one of the members of the parent Voluntary Organization viz., the Association for the Welfare of the Handicapped (AWH), a WPC No. 24970/11 :2 : society registered under the Societies Registration Act. 4. It is the admitted case of the petitioner that in relation to a dispute regarding the election of the office bearers of the AWH, the Civil Court has appointed the 3rd respondent as the Receiver and the 3rd respondent is in charge of the affairs of the AWH. In other words, the Governing Body of AWH is no longer in existence to make nominations and it is the 3rd respondent, who is in charge of its affairs. In such circumstances, the situation does not permit nomination of any Governing Body member as contemplated in the proviso relied on by the learned counsel for the petitioner and it was therefore that the Government has appointed the Receiver as Chairman of the JSS. Such being the case, I see no objection to the nomination or continuance of the 3rd respondent as the Chairman of the JSS. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp