D. M. Chandrashekhar, J. - (1.) HAS referred to the Full Bench the following question of law: "Whether the Committee of Management of an Intermediate College is a statutory body, and if so, whether a writ petition filed against it will be maintainable?"
(2.) THE above question consists of two parts. The first part is whether the committee of Management of an Intermediate College is a statutory body? The second part of the question, as we understand, is that if such committee is not a statutory body, would a writ petition against it be maintainable. If such committee is a statutory body it does not admit of any doubt that a writ petition against it, is maintainable. The long Preamble to the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act), states that it (the Act) was enacted to establish a Board for regulating and supervising the system of High School and Intermediate Education in Uttar Pradesh and to prescribe the courses therefor. The Act as it originally stood, provided for regulating grant of recognition to non-Governmental High Schools and Intermediate Colleges, for prescribing courses of instruction and text-books therein, for conducting examinations thereof, for publishing text books therefor and for grant of diplomas and certificates to successful candidates completing courses of High School and Intermediate education. The Act did not provide for regulating and controlling administration or management of such non-Governmental schools and Intermediate Colleges.
(3.) THE Act was amended by the U. P. Intermediate Education (Amendment) Act, 1958, which came into force on 16-10-1958. By this amendment Ss. 16-A to 16-I were inserted in the Act. The material portions of S. 16-A of the Act read: "16-A. Scheme of Administration.- (1) Notwithstanding anything in any law, document, or decree or order of a Court or other instrument, there shall be a scheme of Administration (hereinafter referred to as the Scheme of Administration) for every institution, whether recognised before or after the commencement of the Intermediate Education (Amendment) Act, 1951. The Scheme of Administration shall amongst other matters provide for the constitution of a Committee of Management (hereinafter called the Committee of Management) vested with authority to manage and conduct the affairs of the institution. The Head of the institution and two teachers thereof, who shall be selected by rotation according to seniority in the manner to be prescribed by regulations, shall be ex officio members of the Committee of Management with right to vote. (3) The Scheme of Administration shall also describe subject to any regulations, the respective powers, duties and functions of the Head of the Institution and Committee of Management in relation to the institution. (5) 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:" ;