K.N. Seth, J. - (1.) THE only contention raised in support of the petition was that the land held by the Petitioner, an institution recognised by the Hoard of High School and Intermediate Education, Uttar Pradesh, and imparting education upto Intermediate standard, was exempt from the operation of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act No. 1 of 1961) (hereinafter referred to as the Act).
(2.) IT is not in dispute that the Petitioner is an Intermediate College recognised as such by the Hoard of High School and Intermediate Education, Uttar Pradesh, and imparts education in agriculture only upto class VIII and it is not a subject of study for Intermediate classes. The stand taken by the Petitioner was that being an Intermediate College imparting education in agriculture, though only upto class VIII, the land held by the institution was exempt from the ceiling law under Section 5(2)(c) of the Act. Reliance was placed on the definition of the term 'Institution' as contained in Section 2(b) of the U.P. Intermediate Education Act, 1921, meaning the whole of an institution, or part thereof, as the case may be. It was urged that since the institution imparts education in agriculture upto class VIII it was an Intermediate College imparting education in agriculture within the meaning of Section 5(2)(c) of the Act. The contention does not appear to be sound as it ignores the definition of the term 'recognition', as contained in Section 2(d) of the U.P. Intermediate Education Act, which is as follows: Recognition means recognition for the purpose of preparing candidates for admission to the Board's Examinations. The Board holds examination for High school and Intermediate standards. No examination is held by the Board upto the stage of class IX. Admittedly the Petitioner College is recognised as an Intermediate College for preparing candidates for admission to the Board's examinations in subjects other than agriculture and consequently education in agriculture is not imparted to students preparing for the Board's examination in that subject. Chapter VII of the Regulations framed under the U.P. Intermediate Education Act lays down conditions for recognition of institutions by the Board. Regulation 5 provides that applications for recognition shall set out in detail, among other particulars, the subject or subjects of instruction in which the institution undertakes to make provision. Recognition is accorded for subject or subjects of instruction in which the institution makes provision. The recognition of the Petitioner as an Intermediate College is confined to preparing candidates for admission to the Board's examinations in subjects other than agriculture. It cannot be held to be an Intermediate College imparting education in agriculture.
(3.) APART from the language of the statute the legislative intent also appears to be that only such institutions should be entitled to exemption which are recognised for preparing candidates for admission to the Board's examination in agriculture. To impart education in agriculture for the intermediate standard, agricultural farms would be necessary where students may gain practical experience in agricultural operations. The farms may not at all be necessary for students of tender age studying agriculture as one of the subjects in lower classes. To provide for availability of such farms to the institutions exemption from ceiling law has been granted to Intermediate and Degree Colleges impacting education in agriculture.;