PRABANDH SAMITI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner in this case is an educational institution for teaching girls for the High School and Intermediate examinations of the Intermediate Education Board of U.P. The institution is managed under a Scheme of Administration framed under Sec. 16 -A of the Intermediate Education Act, 1921 (hereinafter to be called the Act). Paragraph 20 of that Scheme, translated in English, is as follows: - -

(2.) The petition first came up for hearing before a learned Single Judge of this Court, who found that there was some conflict of view on the point in issue in two decisions of this Court, viz., Adarsha Kannya Uchchtar Madhyamik Vidyalaya, Kanpur v/s. State of U.P. and others, 1971 A.L.J. 1311 decided by B.N. Lokur, J. and D.A.V. Inter College Board, Meerut v/s. State of U.P. and others Writ Petition No. 3273 of 1970 decided by CD. Parekh, J. on Dec. 10, 1970. In the former case B.N. Lokur, J. held that para 20 of the Scheme of the Administration (which is identical to para 20 of the Scheme of Administration in the instant case) was ultra vires and outside the scope of Sec. 16 -A of the Intermediate Education Act. In the latter case CD. Parekh, J. held that Sec. 16 -D of the Intermediate Education Act did not apply to cases where there was dispute regarding the persons constituting the managing committee, and in such cases an order appointing an administrator could be passed under para 31 (which corresponds with Para 20) of the Scheme of Administration. Obviously, if paragraph 31 of the Scheme of Administration is ultra vires of the Act, the State Government could not act or appoint an administrator thereunder. In view of this conflict, the learned Single Judge referred the case to a larger Bench, and it is thus that the case has come up before us.

(3.) In view of the contentions raised before us, the only question for consideration is whether paragraph 20 of the Scheme of Administration of the petitioner institution is repugnant to the Act and could not be acted upon by the Government to appoint an administrator of the petitioner institution.