- (1.) Being aggrieved by the order dated 10-12-1991 passed by the Government of U.P. in exercise of its power under Section 16-D(4) of the Intermediate Education Act (here-in-after referred to as the Act), appointing an authorised controller for H.A.V. Intermediate College, Deoband, Saharanpur (here-in-after referred to as the college), Petitioners, namely. Committee of Management and the manager of the college have filed this writ petition challenging the above order. The sole ground raised by the learned Counsel for the Petitioners in support of the writ petition is that the impugned order does not contain any reason. learned Counsel for the Respondents has however, disputed the above submission.
(2.) Section 16-D of the Act empowers the Director of Education to direct management of educational institution to remove any defect or deficiency found on inspection or otherwise. Sub-section (3) of the said section further lays down that if Director, on the receipt of information or otherwise, is satisfied that the management of the institution has failed to comply with any direction made under this Act or under any other law or has failed to comply with the judgment of any Court or is guilty of act or omission mentioned in clauses (ii) to (vi) of the said sub-section, he may refer the case to the Board of High School and Intermediate Education, U.P. for withdrawal of recognition of such institution or issue notice to the Committee of Management to show cause why an order under sub-section (4) should not be made. Sub-section (4) of the same Section lays down that if the Committee of Management of an institution fails to show cause under sub-section (3) or where Director is, after considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned in sub-section (3) exists, he may, recommend to the State Government to appoint an authorised controller for that institution, and thereupon, "the State Government may, by order, for reasons to be recorded, authorise any person (here-in-after referred to as the authorised controller) to take over, for such period not exceeding two years, as may be specified, the management of such institution and its properties".
(3.) In the instant case the Director of Education issued an order under sub-section (2) of Section 16-D of the Act to the manager of the college requiring him to remove the defects pointed out in that order. Petitioners are said to have submitted the explanation to the Director of Education. The Director, thereafter issued notice under sub-section (3) of Section 16-D. Petitioners submitted their reply to the above notice and it appears that the District Inspector of Schools also submitted a report in favour of the Petitioners. The Government however, as mentioned above, appointed authorised controller under sub-section (4).;