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2001 Supreme(All) 201

V.M.SAHAI
COMMITTEE OF MANAGEMENT, BAHERI EDUCATION SOCIETY – Appellant
Versus
DIRECTOR OF EDUCATION (SECONDARY) – Respondent


Advocates Appeared:
Ashok Khare, S.N.SRIVASTAVA, Shiv Kumar Singh

V. M. SAHAI, J.

( 1 ) THE question that arises for consideration in this petition is whether amendment in the Scheme of Administration under, Section 16-A (5) of the U. P. Intermediate Education Act, 1921 can be made only by the Director of Education or by the Regional Joint Director of Education as well ? and what should be the term of Committee of Management of an institution in absence of any period prescribed under the Act or Regulations framed under it ?

( 2 ) BAHERI Education Society. Baheri, District Bareilly is a society registered under the Society registration Act, 1860 and it runs and manages an education institution known as Mahatma gandhi Memorial Inter College, Baheri, District Bareilly (in brief institution ). The institution has a Scheme of Administration approved on 7. 8. 1986 by the Deputy Director of Education, District bareilly. In the Scheme of Administration is clause 9 it is provided that the term of committee of management would be three years. It further provided that the term of every office bearer would continue till next election but such period would not be more than one month i. e. three years one month. The committee of management of the institution wa















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