Mithila Vikas Samiti vs State of Bihar and Others

Heard Mr. Satish Chandra Jha, counsel for the petitioner and Mr. Raj Nandan Prasad, JC to AG representing the State. The. petitioner before the court describes itself as Mithila Vikas Samiti with the avowed object to protect and develop Maithili language and literature. It is represented through its Secretary Dhirendra Kumar Jha.

The petitioner seeks to challenge a resolution of the State Government issued by the Secretary, Human Resources Development (Higher Education) Department, Government of Bihar under his memo No. 2263, dated 26.7.2005. The resolution is on the subject of setting up a single language academy by amalgamation of five different language academies, namely, Maithili Academy, Bhojpuri Academy, Magahi Academy, Sanskrit Academy and South Indian Language Institution. In the resolution it is stated that with a view to exercise better administrative and effective control and for a proper utilisation of all. the resources and man power the State Government had taken the decision to combine all the aforesaid academies to constitute a single language academy. The proposed single body would be registered under the Societies Registration Act; the posts of President and Director in the existing academies would be abolished and there would be a single post of President and Director (for the new single academy). For every language department there would be a head of the department. The Minister of Human Resources Development (Higher Education) Department would be the President of the proposed academy and in the event the cabinet was not in existence, the Secretary of the Department would be the President. The State Government would provide the necessary funds to the new proposed academy by way of grant. The resolution goes on to declare that all the past resolution(s) with regard to the constitution of the different language academies would stand annulled with the coming into force of the impugned resolution which would be effective with immediate effect.

Mr. Jha counsel for the petitioner assailed the abolition of the Maithili Academy and its amalgamation with other language academies to constitute a single language institution on a number of grounds.

In view of the order we propose to pass it is not needed to take note of all the submissions advanced by Mr. Jha or to go into the larger question raised by him. Suffice it to note that all the five academies including the Maithili Academy are societies registered under the Societies Registration Act, 1860. By virtue of being registered as a Society the Maithili Academy is a juristic person within the meaning of Sections 6 and 8 of the Societies Registration Act. It has its own memorandum of association and bye-laws declaring its name and object etc. as required u/s 2 of the Act. Being a registered society it can be dissolved only in terms of Section 13 of the Societies Registration Act. A bare perusal of the provisions of the Societies Registration Act would make it clear that a body registered as a society under the Societies Registration Act cannot be simply dissolved or amalgamated with any other Society (ies) by a Government decision and the issuance of an executive order. Hence, the resolution contained in Annexure-1 can at best be seen as a declaration of intent by the State Government. The mere declaration of intent shall not effect (sic- affect?) in any way the existence of the Maithili Academy as it stands under its memorandum of association and bye-laws etc. This writ petition is disposed of with the aforesaid observations and directions.