- (1.) This appeal is directed against the decision rendered by a learned single Judge in a writ petition filed by the respondent No. 1 against the appellants and the respondents Nos. 2 to 5. The respondent No. 1 had claimed for the issue of a writ in the nature of quo warranto commanding the appellants and the respondent No, 5 to show as to by what authority they were holding their respective offices and that they may be ousted from their respective offices. The respondent No. 1 had also asked for the issue of a writ in the nature of mandamus commanding the present respondents Nos. 2, 3 and 4 to take action for enforcement of the provisions of the U. P. Intermediate Education Act (hereinafter called the Act) according to law and to quash all acts and actions of the present appellant No. 1 as ineffective, illegal and void. The learned single Judge has by his impugned order issued the writ in the nature of quo warranto and has ousted the appellants Nos. 2 to 18 as well as the respondent No. 5 from the Committee of Management. The learned single Judge has, however, refused to issue the writ in the nature of mandamus as prayed by the respondent No. 1.
(2.) The facts leading to the writ petition lie within a narrow compass. The respondent No. 1 was employed as a teacher in the Colvin Taluqdars' College, Lucknow which admittedly is a recognised and aided educational institution imparting education for the High School and Intermediate Examinations of the U. P. Board of High School and Intermediate Education. Sri H. L. Dutt the appellant No. 2 was at the relevant time serving as Principal of the said College. The petitioner was appointed as a woodcraft teacher. His services were, however, terminated in July, 1969. The petitioner maintained that as the said institution was governed by the provisions of the Act it was incumbent that it should have a scheme of administration as required by Section 16-A of the Act The institution should have been managed by a Committee of management constituted in accordance with the provisions of the Act. The institution has, however, not got any scheme of administration approved by the competent authority and continues to be run in disregard and violation of the Act and the Educational Code. The existing Managing Committee was illegally constituted inasmuch as it did not include two teachers' representatives as required by law. The Management Committee has the Principal as its official Secretary and not as an ex-officio member. The petitioner further maintained that the management did not hold proper and fair selection for the post of the Principal and the appointment of Sri H. L. Dutt to the said post was illegal and void, that the existing Managing Committee as constituted did not intend to abide by the provisions of the Act unless those provisions were specifically enforced and that the Education Department was, therefore bound to follow and enforce those provisions.
(3.) The petition was resisted by the present appellants. It was contended, inter alia, by the appellants in the counter-affidavit filed by them that the Colvin School Society was duly registered under the Societies Registration Act No. XXI of 1860. A copy of the Memorandum and Rules and Regulations of the said Society is annexed as Annexure 'F' to the counter-affidavit of Sri Dutt dated 22-9-1970. The management of the Society is entrusted to a governing body which was at the relevant time constituted of 18 persons mentioned in para. 6 of the writ petition as amended. Two teachers of the Luck-now University are the members of the Managing Committee though of course no teacher of the College is a member of that Committee. This Managing Committee manages the affairs of the said College. It was asserted that the College has been functioning since 1892 on public school lines and has always been treated as a special type of institution. This College was admitted as a full member of Indian Public School Conference from January 1965. It imparts educa-tion through English and Hindi medium. It is further asserted in the counter-affidavit that a Scheme of Administration had been submitted by the Management which has not yet been finalised by the Education Department. Modification of certain clauses of the scheme of Administration had been sought for. It was maintained that the appointment of Sri H. L. Dutt as Principal was perfectly legal. However, it was asserted that the membership of the management Committee and the office of Principal on the College were not public offices amenable to a writ of quo warranto. In the counter-affidavit filed on behalf of the opposite parties Nos. 3, 4 and 5 it was stated that due to disobedience of the departmental orders and not following the provisions of the Act by the Colvin Taluqdars' College recommendations had been made to the State Government to remove the name of the College from the list of aided institutions and not to sanction any recurring or non-recurring grants to the College. This matter is under consideration of the State Government. In his rejoinder affidavit the present respondent No. 1 stated that the College was functioning without a scheme of administration for the last 15 years or so. Hence the Managing Committee was functioning in contravention of Section 16-A of the Act and, therefore, it was illegally constituted.;