Rakesh Tiwari - (1.) -Heard learned counsel for the petitioner, learned standing counsel and perused the record.
(2.) SHIKSHA Prasarani Sabha, Mobarakpur Gangauli, District Ghazipur, respondent No. 3 is a registered society under Societies Registration Act. The copies of the bye-laws of the society are annexed as Annexure-1 to the writ petition. The society initially established a Junior High School Janta Adarsh Higher Secondary School, District Ghazipur. It was subsequently raised in 1960 to High School and Intermediate Co as Janta Inter College, Mobarakpur Gangauli in the district of Ghazipur. The provision of U. P. Intermediate Education Act, 1921, therefore apply to the petitioner's institution. The scheme of administration provides for constitution of the Committee of Management, procedure for election of the members and the office bearers of the Committee of Management as well as qualification and disqualification etc. of the members apart from the powers and function of the office bearers. The college came under the control of authorised controller prior to 7.12.1982. It is alleged that new Committee of Management took charge of the college with effect from 7.12.1982, by which the petitioner No. 2 Virendra Nath Singh was elected as manager.
(3.) IT appears from record that U. P. Act No. 1 of 1981 and U. P. Intermediate Act was amended and Section 16CCC was incorporated. According to the section if scheme of administration is inconsistent with the provisions of the Act as amended, the director of Education was required to give notice to the Committee of Management within six months from the date of commencement of the aforesaid sections, to the institution suggesting the alteration or modification in the scheme of administration to bring it in conformity with the model scheme of administration and the provisions of the Act. The institution was therefore required to submit a fresh scheme of administration in accordance with the model scheme of administration brought into force by amended Section 16CCC. It further appears that Deputy Director of Education vide his letter dated 5.8.1981 required the Committee of Management to amend its existing scheme of administration in conformity with the new scheme of administration in pursuance of Section 16CCC of the Act alongwith the letter changes sought to be introduced in the scheme of administration were also enclosed.;