- (1.) ASHOK Bhushan, Arun Tandon-Heard, learned counsel for the parties.
(2.) THIS intra court appeal is directed against the judgment and order of the Hon'ble single Judge dated 9th October, 2007 whereby Writ Petition No. 49367 of 2007, filed by the appellant has been dismissed after recording that the controversy raised in the writ petition is covered by the judgment of this Court in the case of Committee of Management, Devraha Baba Inter College and another v. Regional Joint Director of Education, 7th Region, Gorakhpur and another, 2005 (4) ESC 2692. The Hon'ble single Judge has upheld the order impugned which provides that the relevant clause of the amendment in the scheme of administration extending the term of the elected Committee of Management from 3 years to 5 years would be applicable only in respect of the Committee of Management, elections whereof take place subsequent to the approval of the amendments by the Regional Joint Director of Education. Challenging the judgment and order of the Hon'ble single Judge, learned counsel for the appellant contends that the power to make amendments in the scheme of administration has been conferred under Section 16A (5) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act, U. P. Intermediate Education Act, 1921). Such amendments in the scheme of administration take effect from the date the amendments are approved by the Director of Education. The petitioner's Committee of Management which was elected in the year 2005 had proposed amendments in the scheme of administration, whereby the term of the elected Committee of Management has been changed from 3 years to 5 years during subsistence to its 3 years term. The amendments have infact been approved during the same period. However, the Regional Joint Director of Education has incorporated a totally unwarranted condition in the order of approval that such amendment in the scheme of administration (qua extension of the term) would take effect only in respect of the Committee of Management, which is elected subsequent to the approval of the amendments. It is contended that the letter of the Director of Education, U. P. at Allahabad dated 4th August, 2003 which provided that such amendments extending the term of the Committee of Management from 3 years to 5 years would take effect only in respect of the Committee of Management, which is elected subsequent to the date of approval of the amendments, is in excess to his statutory powers under Section 16A (5). It is submitted that the Director of Education has no authority under the provisions of Act, 1921 to control the manner in which the amendments are to take effect. Learned counsel for the petitioner-appellant has placed reliance upon the judgment of this Court in Committee of Management, M. M. I. Inter College, Bijnor v. Deputy Director of Education and others, 1994 (24) ALR 410, as well as upon the unreported judgment dated 18th September, 2003 passed in Writ Petition No. 14041 of 2003, Committee of Management of Shri Guru Nanak Manya Inter College, Bilaspur, Rampur and others v. State of U. P. and others.
(3.) OPPOSING the contentions so raised on behalf of appellant, learned counsel for the respondents submits that the judgments relied upon by the learned counsel for the appellant were delivered at a point of time when the circular of the Director of Education dated 4th August, 2003 had not seen the light of the day. In view of the circular of the Director of Education, it is obligatory upon the Delegatee Authority, namely Regional Joint Director of Education to comply with the directions issued under the circular while approving the amendments. Therefore, the order passed by the Regional Joint Director of Education impugned in the writ petition dated 3rd September, 2007 is strictly in accordance with law. It is further stated that from the judgment of this Court in the case of Committee of Management, Devraha Baba Inter College (supra), specifically paragraph 8, it is apparently clear that the amendments affected in the scheme of administration have to abide by the condition mentioned in the order approving the amendments. Since in the facts of the present case, the Regional Joint Director of Education had specifically recorded in his order dated 3rd September, 2007 (while approving the amendments), that the benefit of the extended term will entail to the Committee, elections whereof are held subsequent to the date of approval, the writ petition filed by the petitioner-appellant has rightly been dismissed by the Hon'ble single Judge vide judgment and order dated 9th October, 2007. We have considered the submissions made by the learned counsel for the parties and have gone through the records.;