Arun Tandon - (1.) -Heard Sri Prabhakar Awasthi, advocate on behalf of petitioners, Sri A.C. Tewari, advocate on behalf of respondent No. 5 and learned standing counsel on behalf of respondent Nos. 1 to 4.
(2.) ARYA Pratinidhi Sabha, U. P. is a society duly registered under the provision of Societies Registration Act, 1860. The said society has established educational institutions at various places in the State of Uttar Pradesh including the institution, with the name and style of Brij Ratan Sunder ARYA Inter College, Sambhal, Moradabad (hereinafter referred to as the 'institution'). The said institution is added and recognised under the provisions of U. P. Intermediate Education Act, 1921. The provisions of U. P. High School and Intermediate Colleges (Payment of Salary to Teachers and Other Staffs) Act, 1971 are fully applicable to teachers and staffs of the said institution. Section 16A of the U. P. Intermediate Education Act, 1921 provides that notwithstanding anything in any law, document or decree or order of a Court or other instruments, there shall be a scheme of administration for every institution, whether recognised before or after the commencement of the Intermediate Education (Amendment) Act, 1958. Such scheme has to provide for the Constitution of a Committee of Management, its powers and functions, the Scheme has to be approved by the Director and no amendments or changes can be made without prior approval of the Director. Section 16CC added vide U. P. Act No. 1 of 1981 provides for the scheme of administration being in conformity with the principles laid down in IIIrd Schedule to the Intermediate Education Act. Section 16CCC provides for the procedure to be adopted for bringing the existing scheme of administration inconformity with IIIrd Schedule to the Act. Section 16D (3) (vii) read with Section 16D (4) confers a power upon the Director to recommend to the State Government for appointment of an Authorised Controller, in case the amendments in the scheme as per the IIIrd Schedule are not incorporated, the State Government in turn has to be conferred a power to appoint the Authorised Controller if the default persists.
(3.) ACCORDING to the petitioner the scheme of administration, as applicable to the institution, has been enforced. A copy of the scheme has been enclosed as Annexure-1 to the writ petition. In order to keep on records, it may be stated that in view of U. P. Act No. 1 of 1981 amendments in the scheme were suggested in the existing scheme of administration of the institution under the letter of the Deputy Director of Education, XII Region, Moradabad dated 30th December, 1983. The aforesaid order was challenged by the Committee of Management of the institution, by means of the Civil Misc. Writ Petition No. 1238 of 1984, wherein an interim order was initially granted on 23rd March, 1984. However, the said writ petition was dismissed vide judgment and order dated 12th July, 2004 by the learned single Judge. Feeling aggrieved by the said order of the learned single Judge, Special Appeal No. 333 of 2005 has been filed. The Division Bench of this Court has granted an interim stay order on 30th March, 2005. A copy of the said interim order of the Division Bench of this Court has been enclosed as Annexure- S.C.A. 4 to the supplementary counter-affidavit filed by Sri Vijay Pal Saran. It is stated on behalf of defendants that the said interim order continues even today. It is thus, clear that the amendments as per the provisions of the Section 16CCC of the U. P. Intermediate Education Act, 1921 read with Section 16CC have not been enforced in the institution and the earlier scheme of administration continues to be operative even today.;