AJAY BHANOT,J. - (1.) By the order impugned dated 31.10.2018 passed by the respondent No.2, the appointment of authorized controller has been extended for a period of six months. The authorized controller was appointed in the first instance by order dated 30.08.2017 passed by the respondent No.2. The term of the authorized controller expired on 01.03.2018. The term was not extended during this period till the order impugned was passed on 31.10.2018.
(2.) Contention of the learned counsel for the petitioner is that the appointment of the authorized controller is governed and regulated by Sections 16(d)(3) and 16(d)(4) of the U.P. Intermediate Education Act, 1921. For ease of reference, the aforesaid provisions are extracted hereunder: "16D (1)xxxxx (2) xxxxx (3) If on the receipt of information or otherwise, the Director is satisfied that. - (i) the Committee of Management of an institution has failed to comply with the judgment of any Court or any direction made under this Act or any other law for the time being in force; or (ii) the Committee has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring the maintenance of academic standard in the institution or has appointed or retained in service any teaching or non-teaching staff in contravention of the provisions of this Act or the Regulations; or (iii) any dispute with respect to the right claimed by different persons to be lawful office-bearers of the Committee of Management has affected the smooth and orderly administration of the institution concerned; or (iv) the Committee has persistently failed to provide the institution with such adequate and proper accommodation, library, furniture, stationery, laboratory equipment or other facilities as are necessary for the efficient administration of such institution; or (v) the Committee has substantially diverted, misapplied or misappropriated the property of the institution to its detriment or has transferred any property in contravention of the provisions of the Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 (U.P. Act No. No. 3 of 1975); (vi) the draft of the Scheme of Administration has not been submitted with the time allowed therefor under Section 16B, or that the Management of the institution is being conducted otherwise than in accordance with the Scheme of the Administration or the affairs of the institution are being otherwise mis-managed; (vii) the Scheme of Administration in relation to an institution, approved before the commencement of the Intermediate Education (Amendment) Act, 1980, is inconsistent with the provisions of this Act and the management of the institution has failed to alter or modify it within a reasonable time despite notice under Section 16CCC.; he may refer the case to the Board for withdrawal of recognition of such institution, or issue notice to the Committee of Management to show cause within thirty days from the date of receipt of such notice why an order under sub-section (4) should not be made. (4) Where the Committee of Management of an institution fails to show cause within the time allowed under sub-section (3) or within such extended time as the Director may from time to time allow, or where the Director is, after considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned in sub-section (3) exists, he may, recommend to the State Government to appoint an Authorised Controller for that institution, and thereupon, the State Government may, by order, for reasons to be recorded, authorise any person (hereinafter referred to as the Authorised Controller) to take over, for such period not exceeding two years, as may be specified, the Management of such institution and its properties : Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the institution and its properties, it may, from time to time, extend the operation of the order, for such period, not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order, but excluding the period specified in sub-section (8), does not exceed five years : Provided further that if at the expiration of the said period of five years, there in no lawfully constituted Committed of Management of the institution, the Authorised Controller shall continue to function as such, until the State Government is satisfied that a Committee of Management has been lawfully constituted."
(3.) The terms of the statute require the committee of management to be noticed by the Director. After considering the reply to the show cause notice tendered by the committee of management, the Director after recording satisfaction that the grounds mentioned in Section 16(3)(d) exist, may recommend to the State Government to appoint the authorized controller for the Institution.;