Satish Chandra, C.J. - (1.) The Scheme of Administration of the Maha Rishi Sukh Deo Vidyalaya Intermediate College, Muzaffarnagar appears to have been approved by the Director of Education somewhere in 1963. The petitioners who are the members of the Managing Committee discovered a great anomaly in the constitution in paragraph 5 (vii) of the Scheme. Under this paragraph the General Body was to elect the Committee of Management and its office bearers except the Manager who was to remain as such Manager for his life, The petitioners somewhere in 1978 moved the Regional Deputy Director of Education, Meerut to rectify the Scheme of Administration and to remove this glaring anomaly which wa3 contrary to regulation 14 under Chapter I of the Regulations framed under the U.P. Intermediate Education Act. The Deputy Director dismissed this application holding that the petitioners should first call a general meeting and pass a resolution for rectification of the Scheme of Administration, then get the amendment approved by the Registrar of Societies, U.P. Lucknow and file all the relevant documents where after the matter can properly be considered. Aggrieved, the petitioners have come to this court under Article 226 of the Constitution.
(2.) Learned counsel has invited our attention to the Intermediate Education (Amendment) Act No. 1 of 1981 which came into force on February 11, 1981. Section 16-CC, as inserted by this Amending Act, provides that the Scheme of Administration in relation to any institution, whether recognized before or after the commencement of the Amending Act, shall not be inconsistent with the principles laid down in the Third Schedule."
(3.) The Third Schedule says : "Every Scheme of Administration shall, - (1) provide for proper and effective functioning of the Committee of Management; (2) provide for the procedure for constitution of the Committee of Management by periodical elections ; (3) provide for the qualifications and disqualifications of the members and office bearers of the Committee of Management and the term of their officers ; Provided that no such scheme shall contain provisions creating monopoly in favour of any particular person, caste, creed, religion or family : (4) ....... ........ (5)........ ........ According to the learned counsel for the petitioners, the proviso to the third principle clearly shows that there shall be no monopoly in favour of any person and according to principle No. 2 there should be periodical elections. Reading the two principles, it is apparent that no post or office in the Committee of Management can be reserved to one person for all times to come or can be for life. It will be subject to periodical elections and there can be no valid provision for one person holding a particular office or post for his life irrespective of the number of elections that may go in the meanwhile. According to the learned counsel, the provisions of paragraph 5 (vii) in part which provide that Vedipal Singh shall be the manager of the institution for his life, are contrary to these principles and should be deleted.;