Judgment

GUPTA, J.:- Colvin Taluqdars College in Lucknow, run by a society registered under the Societies Registration Act, imparts education at the following different stages:

(i) Pre-basic i.e., nursery classes.

(ii) Junior basic, called primary stage, from class I to V.

(iii) Senior basic i.e., Junior high school stage - from class VI to VIII, and

(iv) (a) Higher secondary stage, called high school stage - classes IX and X,

(b) Intermediate stage - classes XI and XII.

In the beginning the college had no pre-basic or junior basic classes and started with class VI; classes I to V and nursery classes were opened later. The respondent was appointed an assistant teacher in the basic section of the college in 1961. Following certain incidents involving her, she was suspended on or about August 20, 1970 and ultimately her services were terminated by the managing committee of the college some time in October 1970. She filed a writ petition in the High Court at Allahabad (Lucknow Bench) alleging inter alia that the order terminating her services was mala fide and made in violation of the regulations framed under the (U. P.) Intermediate Education Act, 1921. She asked for a writ of certiorari quashing the order of suspension and the order terminating her services, and a writ of mandamus directing the opposite parties to pay the full salary and emoluments due to her. The president of the managing committee of the college, the principal, the head mistress of the basic section and the committee of management were impleaded as opposite parties 1, 2, 3 and 4 respectively. The writ petition was dismissed by a single Judge of the High Court on a preliminary ground that none of the opposite parties was a public authority and the impugned orders suspending her and terminating her services were not made in the exercise of any statutory function. On appeal a Division Bench of the High Court* took the view that the basic section of the college was an integral part of the college and held that the managing committee of the college was a statutory body constituted under the Intermediate Education Act and governed by the regulations framed thereunder. The Division Bench therefore found the writ petition maintainable and remanded the case to the single Judge to be decided on merits.

* ILR (1974) 1 All 220.

2. The Intermediate Education Act, 1921, as its long title shows, is an Act for the establishment of a Board of High School and Intermediate Education. The preamble says that it was enacted because it was expedient to establish a Board to take the place of the Allahabad University in regulating and supervising the system of High School and Intermediate education in the United Provinces, and to prescribe courses therefor. Section 2 of the Act defines, among other terms, Board, Institution, and Recognition. Board means the Board of High School and Intermediate Education. Institution means the whole of an institution or a part thereof, as the case may be. Recognition means recognition for the purpose of preparing candidates for admission to the Boards examination. Admittedly, Colvin Taluqdars College is a recognised institution. Section 7 which defines the powers of the Board, after enumerating certain specific powers, states that the Board will have the power "to do all such other acts and things as may be requisite in order to further the objects of the Board as a body constituted for regulating and supervising High School and Intermediate Education." The powers mentioned in Section 7 all relate to High School and Intermediate classes. Sec. 16-A lays down that for every recognised institution there shall be a scheme of administration which must provide, among other matters, for the constitution of a committee of management. Section 16-B and Section 16-C deal with the preparation of the scheme of administration. Section 16-D authorises the Director of Uttar Pradesh to cause inspection of a recognised institution from time to time and order the removal of an