N.K.Mitra, C.J. - (1.) Mangla Prasad Inter College, Allahabad is an Institution recognised under the provisions of the U.P. Intermediate Education Act, 1921, the affairs of which are managed by the Committee of Management constituted in accordance with the Scheme of Administration as approved under Section 16-A of the U.P. Intermediate Education Act, 1921 (In short the 'Act'). It appears that the institution is at present under the management of an authorised conroller appointed by the State Government under Section 16-D (4) of the Act. The authorised controller proposed certain amendments in the Scheme of Administration, which were approved by the Regional Dy. Director of Education. Such modification in the Scheme of administrative was challenged by means of a writ petition which came to be disposed of with a direction to the appellants to prefer a representation to the Director of Education who was directed to consider the representation and dispose it of by passing a reasoned order. The Director of Education, it appears, though felt that certain amendments incorporated in the Scheme of Administration with the approval of the Dy. Director were objectionable but rejected the representation by means of the order dated 24.9.98. The order dated 24.9.98 as also the Scheme of Administration as amended by order dated 13.5.94 was challenged in the writ petition giving rise to the present Special Appeal inter alia on the ground that the amendment in the Scheme of Administration could not have been carried out except with the approval of the Director of Education as comprehended by Section 16-A (5) of the Act. The learned Single Judge dismissed the writ petition vide judgment under challenge in this special appeal.
(2.) We have heard Sri S.U. Khan, appearing for the appellants and the learned Standing Counsel representing the respondents.
(3.) Section 16-A (5) of the Act being relevant is quoted below for ready reference : "The Scheme of Administration of every institution shall be subject to the approval of the Director and no amendment to our change in the Scheme of Administration shall be made at any time without the prior approval of the Director : Provided that where the Management of an institution is aggrieved by an order of the Director refusing to approve an amendment or change in the Scheme of Administration, the State Government, on the representation of the Management, may, if it is satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of the institution, order the Director to approve of the same, and thereupon the Director shall act accordingly.";