Ashok Bhushan, J. - (1.) Heard Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Satish Mandhyan, for the petitioner, Sri K.A. Ansari, learned counsel, appearing for respondent No. 7, learned standing counsel and Sri Vivek Chaudhary appearing for respondent No. 4.
(2.) This writ petition has been filed by 23 petitioners challenging the order dated 30th December, 1983 passed by Deputy Director of Education, 12th Region, Moradabad by which certain amendments in the scheme of administration of the institutions have been approved.
(3.) Brief facts, necessary for deciding the controversy raised in the writ petition, are; the petitioners are educational institutions in district Moradabad recognised under U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The Act was amended by U.P. Act No. 35 of 1958 by which amendment Section 16-A to 16-I were added in the Act. Section 16-A of the Act provides that there shall be a scheme of administration for every recognised institution. Section 16-B provides for submission of scheme of administration to the Director of Education for his approval, Section 16-C provided that subject to regulations governing the principles for according approval of the scheme of administration, the Director of Education shall either approve the draft scheme or suggest any alteration or modification therein. Sub-section (1) further provided that whenever the Director shall so suggest any alternation or modification, copy of the same be sent to the institution to enable it to make a representation. Sub-section (2) provides that Director after considering the representation may approve the scheme in its original form or subject to alteration or modification as suggested under the said sub-section or with any other changes as may appear to him to be just and proper. Amendments were further made in the Act by U.P. Act No. 1 of 1981. By U.P. Act No. 1 of 1981 a third schedule was added to the Act and Section 16CC and Section 16-CCC were added. Section 16-C was also amended by the said U.P. Act No. 1 of 1981. Section 16-CC provided that the scheme of administration of any institution whether recognised before or after the commencement of the Intermediate Education (Amendment) Act, 1980, shall not be inconsistent with the principles laid down in the third schedule. Deputy Director of Education after amendment made by above 1981 amendment issued notice dated 7th August, 1981 to institutions situate in district Moradabad informing that the approved scheme of institution is not in accordance with third schedule. A draft amendments in the scheme were also sent along with the notice asking the institutions to submit the same before the Deputy Director Education. Representation were also called for from the institutions. Subsequently by impugned order dated 30th December, 1983, the amendments as proposed earlier by Deputy Director of Education were approved and the scheme of administration of the institutions stand amended and the institutions were directed to submit the scheme as amendment in five copies to the office of Deputy Director of Education. This writ petition has been filed challenging the order of Deputy Director of Education dated 30th December, 1983.;