K.C. Agarwal, J. - (1.) DOUBTING the correctness of a Division Bench decision given in Prabandh Samiti T.J.P. Arya Kanya Inter College, Etawah v. State of Uttar Pradesh,, 1976(2) A.L.R. 340 a Division Bench of this Court referred the following question for decision by a larger Bench: - - Whether a provision like that contained in paragraph 18 of the Scheme of Administration quoted above is outside the scope of Section 16A of the Intermediate Education Act, 1921, and, as such, should be treated as void and non -existent? Consequent upon the reference the Chief Justice has constituted the present Full Bench to decide it.
(2.) AFTER hearing the counsel for the parties we are of the opinion that the controversy involved in this case has been fully and squarely covered by a Full Bench decision in Committee of Management and another v. Deputy Director of Education and others, : 1980 Alld. L.J. 683. The difference between this case and the case before us is that in that case the validity under challenge was that of paragraph 21 of the Scheme of Administration whereas in the case before us the challenge is of paragraph 18 of the Scheme. Both the paragraphs are, however, in pari materia. In paragraph 11 of the decision the Full Bench held: - - Clause 21(B) cannot, in our view be read as one providing for such an interim arrangement as is contemplated by Regulation 14(1). This clause is inextricably interwoven with Clause (C) and cannot be considered in isolation. In this view of the matter, the legality of Clauses (B) and (C) of Paragraph 21 of the Scheme cannot be sustained. Clause (A) of the paragraph, under the circumstances, is rendered meaningless because the Scheme does not arm the Deputy Director of Education either with powers to resolve the dispute, if any, regarding right of management or to direct some other authority to do so and consequently a reference to the Deputy Director of such a dispute would be purposeless. We respectfully agree with the decision mentioned above and following the same hold that Clause 18 of the Scheme of Administration is invalid. Counsel for the parties raised some other questions before us but we need not go into the same. These questions may be decided by the Division Bench when the matter goes back to that Bench. With the answer aforesaid, the papers are returned.;