( 51 ) IN view of the clear and unambiguous provision contained in Art. 28 (3) of the Constitution, there cannot be any doubt whatsoever that the said provision is constitutional and no exception can be taken thereto.

( 52 ) CLAUSE 15 (i) of the Code which has been quoted hereinbefore, ipso facto does not suggest that the same is mandatory in nature. It is now well known that a statutory provision has to be read as a whole. Reading the said provision in its entirety, there cannot be any manner of doubt whatsoever that the Board does not intend to interfere with the existing arrangement. Mr. Gupta, however, submitted that the offending portion of the said clause is that a prior approval is necessary for constitution of the Managing Committee. According to Mr. Gupta, the power to approve necessarily includes the power to disapprove. The said provision, as indicated hereinbefore, has to be read with the other provisions contained therein. It has clearly been stated in the said provision that reconstitution of the Governing Body would depend upon the wishes of the school concerned. Such a direction is not mandatory in nature. In the case of The Gandhi Faiz-e-am College, Shahjahanpur v

Click Here to Read the rest of this document