Patna HC Holds ₹35,500 College Donor Eligible As Donor Member Under 1994 Rules, In Force Until 2011 Despite 2007 Repeal

Narendra Singh College was established in 1984, and a trust donated seven acres of land for its establishment.

The petitioner donated a total of ₹35,500 to the College, including ₹15,000 on 23 December 2010.

The College acknowledged his donation and recorded him as a donor member by letter dated 17 January 2011.

After the Bihar Intermediate Education Council Act, 1992 was repealed in 2007, the petitioner contended that the 1994 Rules continued to apply until superseded by the Bihar School Examination Board Affiliation Bye-laws in 2011.

During the writ proceedings, the petitioner no longer pressed his first relief, which had become infructuous; he continued to press the donor-member and trustee-related claims.

Section 27 of the Bihar and Orissa General Clauses Act, 1917 provides that, unless otherwise expressly provided, rules and other instruments made under a repealed enactment continue in force after repeal and re-enactment, so far as they are not inconsistent with the re-enacted provisions, until superseded.

The Court considered the saving provision in Section 7 of the Bihar Intermediate Education Council Repeal Act, 2007 and the transfer of the Council’s assets, liabilities and obligations under Section 4.

Rule 8(a) of the 1994 Rules required a College to maintain a donor register recording persons who donated at least ₹25,000 in cash or kind; Rules 8(b) and 8(c) addressed updating the register and objections to entries or omissions.

The Court also considered the 2011 Regulations, including Regulation 6, the provisions introduced in 2013 concerning governing bodies, and Regulation 24’s repeal-and-saving provision.

The Court found that the 1994 Rules were not inconsistent with the 2007 re-enacted legislation and that, at the relevant time, the new legislation did not provide for the constitution and management of governing bodies for the private intermediate institutions concerned.

It therefore held that the 1994 Rules continued until the 2011 Regulations superseded them on 14 July 2011.

Since the College’s records acknowledged that the petitioner had donated ₹35,500, including the December 2010 donation, the Court held that his qualifying donation was made while the 1994 Rules remained operative.

He was therefore to be treated as a competent donor member and considered under the 2011 Regulations.

The Court did not determine whether the petitioner succeeded to the trust’s donor-trustee status; it directed the Board to consider his pending representation and decide it in accordance with law.

It directed the Board to proceed accordingly and issue appropriate directions to the College.

On the separate claim to recognition as successor donor trustee, the Board was directed to consider the petitioner’s representation and pass an order in accordance with law, preferably within three months of receiving the order.

The writ petition was disposed of with these directions.