- (1.) THIS special appeal seeks to impugn the correctness of an order of the learned Single Judge dated 13 November 2013.
(2.) BY the judgment under challenge, the learned Single Judge dismissed a petition seeking the setting aside of an order dated 16 July 2013 passed by the District Inspector of Schools and an order dated 24 July 2013 of the Joint Director of Education. The Joint Director of Education has directed the appointment of an Authorised Controller in the institution of the appellants on the expiry of the term of the Committee of Management. The appellants conduct a recognized institution upto the Intermediate level, which receives grant -in -aid from the State Government. The institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921. The Committee of Management was elected on 17 December 2008. The District Inspector of Schools on 15 January 2009 attested the signature of the second appellant as Manager. On 23 November 2001, the Committee of Management passed a resolution adopting a new scheme of administration by which the term of the Committee of Management was enhanced from three years to five years. The Joint Director of Education by an order dated 8 December 2011 approved the resolution of the Committee of Management. The case of the appellants was that though under the scheme of administration, as originally envisaged, the term of the Committee of Management (which had been elected on 17 December 2008) would come to an end on 16 December 2011, by virtue of the amendment which has been approved by the Joint Director of Education, the existing Committee of Management was entitled to continue until 16 December 2013. The appellants were aggrieved because the District Inspector of Schools by his order dated 16 July 2013, recommended the appointment of an Authorised Controller to the Joint Director of Education on the ground that the three years' term of the existing Committee of Management had come to an end as well as by the order of the Joint Director of Education appointing an Authorised Controller.
(3.) THE Uttar Pradesh Intermediate Education Act 1921 (hereinafter referred to as 'the Act') governs and regulates the affairs of the institution in question. The institution is a recognized Intermediate College within the meaning of Section 2 (b) of the Act. Under Section 16 -A of the Act, it has been envisaged that there shall be a scheme of administration for every institution which shall, amongst other things, provide for the constitution of a Committee of Management which is vested with the authority to manage and conduct the affairs of the institution. Sub -section (5) of Section 16 -A of the Act requires that the scheme of administration of every institution shall be subject to the approval of the Director and no amendment to or change in the scheme of administration shall be made at any time without the prior approval of the Director. Sub -section (6) of Section 16 -A of the Act provides that every recognized institution shall be managed in accordance with the scheme of administration framed under and in accordance with sub -section (1) to sub -section (5) and Sections 16 -B and 16 -C. The regulations which have been framed under the Act inter alia, deal with the scheme of administration. Regulation 14 provides the principles on which approval to a scheme of administration shall be accorded. Amongst them, in clause b is the procedure for constituting a Committee of Management and the term of its office.;