- (1.) The petitioners have sought the issuance of a writ for declaring the provisos to Section 5 (1) of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 19711 as being ultra vires to Section 16-A(7) of the Uttar Pradesh Intermediate Education Act 19212.
(2.) Section 16-A of the Intermediate Education Act provides for the framing of a Scheme of Administration. Under sub-section (7), it has been provided thus: "(7) Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction directs otherwise: Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing. Explanation. - In determining the question as to who is in actual control of the affairs of the institution the Regional Deputy Director of Education shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under sub-section (5) and other relevant circumstances."
(3.) Sub-Section (7) of Section 16-A applies where there is a dispute with respect to the Management of an institution. In such an event, persons found by the Regional Deputy Director of Education, upon enquiry "to be in actual control of its affairs" may, for the purpose of the Act, be recognized to constitute the Committee of Management of the institution, until otherwise directed by a court of competent jurisdiction. This provision indicates that under sub-section (7), a power has been conferred upon the Regional Deputy Director of Education to recognize as a Committee of Management such body which is found to be in actual control of the affairs of the institution. However, this is for the purposes of the Act and the direction operates until a court of competent jurisdiction decides otherwise. The Explanation to sub-section (7) of Section 16-A provides the circumstances which are to be borne in mind in determining as to who is in actual control of the affairs of the institution. The Regional Deputy Director of Education is to have regard to (i) control over the funds of the institution; (ii) control over the administration; (iii) control over the receipt of income from its properties; (iv) the Scheme of Administration approved under sub-section (5); and (v) other relevant circumstances.;