Safiya Malik

The Calcutta High Court Single Bench in a judgment delivered by Justice Krishna Rao, addressed governance concerns related to the administration of La Martiniere Schools, Calcutta. The suit was filed by former board members questioning the legitimacy of certain governance decisions and seeking judicial oversight on the functioning of the Board of Governors. The case primarily revolved around whether the plaintiffs had legal standing to invoke Section 92 of the Code of Civil Procedure, 1908 (CPC), and whether recent appointments and administrative decisions complied with the legally sanctioned governance framework.

The plaintiffs, comprising former Board of Governors members, challenged the manner in which governance decisions were being made at La Martiniere Schools. They contended that the school’s governing structure had deviated from established legal provisions and that several appointments and policy decisions were taken without following due process. The plaintiffs further alleged that these changes affected the overall administration of the institution and that judicial intervention was required to uphold governance norms.

The defendants, including the school authorities, argued that the plaintiffs lacked legal standing to file the suit under Section 92 CPC, which applies to public charitable trusts. They asserted that the plaintiffs’ claims were motivated by personal grievances rather than broader institutional concerns. Additionally, the defendants contended that La Martiniere Schools had been recognized as a minority educational institution and was entitled to govern itself autonomously.

During the proceedings, the plaintiffs sought injunctions to prevent further governance changes, while the defendants requested the revocation of leave granted under Section 92 CPC, arguing that the lawsuit did not meet the requirements necessary for a trust dispute.

The court examined the historical governance framework of La Martiniere Schools and considered prior judicial decrees that influenced the institution’s administration. The Will of Late Major General Claude Martin, which laid the foundation for the school’s governance, was discussed in detail, along with subsequent modifications made through legal proceedings over the years.

The court observed that while governance structures may evolve, a properly constituted Board of Governors remains essential for the lawful administration of the school. It noted:

"The governance of La Martiniere Schools has undergone modifications through decrees, yet the fundamental requirement of a properly constituted Board of Governors remains indispensable."

With regard to the maintainability of the suit under Section 92 CPC, the court stated:

"For a suit to be maintainable under Section 92 of the Code of Civil Procedure, it must be demonstrated that the suit is for the administration of the trust and not for the redressal of private rights. The nature of relief sought by the plaintiffs must align with the broader interests of the institution."

Addressing concerns regarding the Board of Governors’ composition and quorum, the court remarked:

"The governance structure of the school, as outlined in previous judicial decrees, requires a Board of Governors with a specified quorum. The absence of a full quorum raises concerns about the validity of decisions taken by the current board."

The plaintiffs had also raised concerns about the centralization of power within a small group of administrators. The court observed that while these issues were serious, a detailed examination at the trial stage would be required to determine their impact on governance.

Another key issue addressed by the court was procedural compliance in decision-making. The judgment stated:

"Administrative decisions taken without adherence to the prescribed rules and regulations governing the institution cannot be deemed valid. Any deviation from the established governance framework requires judicial scrutiny to ensure compliance with legal provisions."

Regarding the school's minority institution status, the court clarified:

"While the school may have acquired the status of a minority educational institution, such recognition does not exempt it from adhering to the legally sanctioned governance framework. The principles of fair administration and procedural propriety remain applicable."

Based on its findings, the Calcutta High Court issued the following directives to regulate governance at La Martiniere Schools until the case is fully adjudicated:

The Board of Governors shall not take any decisions regarding the management of the school until the disposal of the interlocutory applications. The ex-officio Governors shall not appoint additional Governors during the pendency of the suit. All decisions taken by the Board of Governors after the initiation of the suit shall not be given effect, except those concerning day-to-day administration.

No new school under the name of La Martiniere shall be established, and no steps shall be taken for such an establishment until the interlocutory applications are resolved. The trial court is directed to decide all pending interlocutory applications expeditiously. The legality of the appointments made post-termination of the plaintiffs shall be subject to the final determination of the trial court. The issue of whether the suit is maintainable under Section 92 of the Code of Civil Procedure, 1908, shall be decided as a preliminary issue before the trial court.

Case Title: Anil Rajkumar Mukerji & Ors. v. RT. Rev. Paritosh Canning & Ors.
Case Number: CS No. 111 of 2019
Bench: Justice Krishna Rao

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