Aloke Chakrabarti, J. - (1.) In respect of running the institution concerned, there is a Scheme of Administration duly approved by the Director of Education concerned. After the U. P. Intermediate Education (Amendment) Act, 1980 came into force, the Deputy Director of Education sent show-cause notice stating that the Scheme of Administration of the petitioner's institution is not in conformity with the provisions of the amending Act and the Schedule and, therefore, an amendment was proposed. Thereafter orders dated 3.12.1985 and 15.3.1985 at Annexures-2 and 3 to the writ petition were passed stating that the Committee of Management had not been constituted in accordance with the Amended Scheme of Administration and directing compliance thereof for getting the election completed in accordance with the amended Scheme of Administration and thereafter for not complying with the same, directing appointment of authorised controller. Challenging the aforesaid two orders, this writ petition was filed.
(2.) Heard the learned counsel for the petitioner and Mr. A. K. Mehrotra learned standing counsel for the respondents.
(3.) The contention of the petitioner is that after incorporation of Section 16CC and Section 16CCC, provisions were made in the original statute empowering the Director of Education to send a notice to any institution having approved Scheme of Administration suggesting alteration or modification and requiring the institution to submit a fresh Scheme of Administration or to amend or to alter the existing Scheme. The institution concerned was given a right to make a representation which the Director of Education is to consider and thereafter may approve the scheme of administration in its original form or subject to any alteration or modification as suggested or with any other change as may appear to him to be just and proper. By a specific provision a further opportunity was provided if the Director proposes to make any new alteration or modification in the Scheme. But. it is complained, in the present case, although the notice at Annexure-1 was issued, the subsequent stages and the procedure prescribed therefor, were not completed and there was no order modifying or altering the Scheme of Administration already existing and. therefore, the direction for holding election and for action of appointing authorised controller for non-compliance of holding such election according to the amended Scheme, are illegal as admittedly there was no order modifying the existing Scheme. The further contention of the learned counsel for the petitioner is that the amendment and/or modification of the Scheme proposed (Annexure-1 to the writ petition) was signed by the Deputy Director of Education although he was not appropriate authority as prescribed by the statute. Reference was made to the provisions of Section 16CCC for the purpose of contending that the Director of Education is the authority prescribed in the said provision.;