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1976 Supreme(All) 108

K. B. ASTHANA, M. L. SINHA
Prabandha Samiti, T. J. P. Arya Kannya Inter College, Etawah – Appellant
Versus
State of U. P. – Respondent


Advocates:
V.C. Misra, for Petitioners; K.M. Sinha, K.C. Saxena, H.S. Nigam, H.N. Sharma, S.C., for Respondents.

Judgement

J. M. L. SINHA, J :- The petitioner in this case is an educational institution for teaching girls for the High School and Intermediate examinations of the termediate Education Board of U. P. The institution is managed under a Scheme of Administration framed under Section 16-A of the Intermediate Education Act, 1921 (hereinafter to be called the Act). Paragraph 20 of that Scheme, translated in English, is as follows.

EMERGENCY PROVISION:

(1) When the State Government is of the opinion that circumstances have arisen which have rendered it impossible to properly carry on the administration of the institution in the normal manner, it may appoint an administrator-

Provided that no such administrator shall be appointed except:

(a) on the recommendation of the committee, or

(b) on the recommendation of the Director of Education after allowing the President an opportunity to submit a written explanation against the said recommendation.

(2) Upon such appointment being made the committee and all its office-bearers shall stand suspended and all their powers and functions shall vest in the administrator except that the admini














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