RAJAN ROY,J. - (1.) HEARD Shri N.L.Pandey, learned counsel for the petitioners and Shri Vivek Shandilya, learned Additional Chief Standing Counsel for the respondents.
(2.) BY means of this writ petition the petitioners have challenged the validity of the Government Order dated 25.8.2011 and the consequential orders passed by the subordinate authorities by which the petitioners and other Committees of Management of educational institutions recognized under the U.P. Intermediate Education Act, 1921 (in short "Act of 1921") have been directed to submit a proposal in terms of model Scheme of Administration annexed therewith for approval of the education department and implementation in respective institutions.
(3.) THE contention of the learned counsel for the petitioners herein, is that the Committees of Management of respective institutions are governed by the provisions of the Act of 1921 and the teachers/employees of the said institutions are paid salary from Grant -in - Aid received from the State Government. The petitioners' institutions have duly approved Scheme of Administration and the affairs of the institutions are managed according to the said scheme. Every institution, whether recognized before or after the commencement of the U.P. Intermediate Education (Amendment) Act 1958, (in short "Amending Act of 1958") is required to have a Scheme of Administration, which, as per Section 16 -A (5) of the Act of 1921 shall be subject to approval of the Director and any amendment or change in the Scheme of Administration shall be made with 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 satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of institution, order the Director to approve the same and thereupon, the Director shall act accordingly. As per sub -section (6) of Section 16 -A 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) of Section 16 -B & Section 16 -C.;