Judgment

SHAH, J. : This appellant - a society registered under the Societies Registration Act 21 of 1860 - conducts an educational institution styled "Dwarka Prasad Girls Intermediate College at Allahabad, Management of the affairs of the Society is entrusted by the memorandum of association to an Executive Committee consisting of six office-bearers, seven members elected at the general meeting of the Society, and two nominees of the settle of certain buildings, in which the College is conducted, and it is provided by the memorandum that no one who is not a member of the Society can become or remain an office-bearer or member of the Executive Committee.

2. Under the Intermediate Education Act (U. P. Act 2 of 1921) provision was made for establishing a Board with power to prescribe courses of instruction for the Intermediate classes and Higher Sections of English Schools, to grant diplomas or certificates, to conduct examinations at the end of the High School and intermediate courses, to recognize institutions for purposes of its examinations, and to do all such other acts and things as may be requisite in order to further the objects of the Board. This Act was amended by the U. P. Act 35 of 1958. By S. 7 of the amending Act which came into force on January 23, 1959, Ss. 16-A to 16-I were incorporated into U. P. Act 2 of 1921. By S. 8 the State Government was authorised to promulgate Regulations in respect of matters covered by Ss. 16-A to 16-I.

3. By letter dated September 12, 1960 the Regional Inspector of Girls Schools, IIIrd Region, Allahabad called upon the Society to submit and get approved a Scheme of Administration of the institution managed by it. The Society thereupon presented a petition under Art. 226 of the Constitution in the High Court of Judicature at Allahabad for the issue of a writ quashing the orders passed by the Regional Inspector of Girls Schools and requiring the State of U. P., the Director of Education, the Regional Inspector of Girls Schools and the Board of High School and Intermediate Education, who were respectively respondents Nos. 1 to 4, not to enforce the provisions of Ss. 16-A to 16-I as originally enacted or as modified by the Removal of Difficulties Orders issued under S. 9 of the amending Act. It was submitted by the Society that Ss. 16-A to 16-I were not within the competence of the State Legislature, and also because they infringed the fundamental rights of the Society guaranteed by Arts. 14, 19(1)(c), 19(1)(f) and 31 of the Constitution. It was urged that by the Act unreasonable restrictions were imposed on the management of educational institutions and the Act conferred unguided and untrammelled powers upon executive authorities, no distinction having been made between "well-managed and badly-managed" institutions. The High Court rejected the contentions raised by the Society. With special leave, the Society has appealed to this Court.

4. The effect of Ss. 16-A to 16-I which were added to the U. P. Act 2 of 1921 by the amending Act 35 of 1958 is briefly this. For every institution there shall be a Scheme of Administration, which shall amongst other matters provide for the constitution of a Committee of Management vested with authority to manage and conduct the affairs of institution, and which shall describe the powers, duties and functions of the Headmaster or the Principal and of the Committee of Management in relation to the institution; and that the Headmaster or the Principal of the institution and two teachers thereof selected by rotation according to seniority shall be ex officio members of the Committee with a right to vote: (S. 16-A). In the case of an institution recognized at the date of commencement of the Intermediate education (Amendment) Act, 1958, a draft of the Scheme of Administration shall be prepared and submitted to the Director for his approval: (S. 16-B) and if the Scheme of Administration is not submitted within the time allowed, the Director shall take action in a