The term 'recognised institution' in Section 16-D of the U. P. Intermediate Education Act, 1921 refers to recognition granted by the Board of High School and Intermediate Education, and not by any other authority.

S. C. Mathur, J. -

1. The petitioners are aggrieved by appointment of Authorised Controller for Pragati Ashram, Balaganj, Hardoi Road, Lucknow by the State Government in purported exercise of the powers conferred under Section 16-D (4) of U. P. Intermediate Education Act, 1921. Shortly stated petitioner's case is that the School is neither recognised under the Act mentioned herein nor it is receiving any grant in aid from the Education Department of the State Government although it was receiving grant from the Harijan and Welfare Department and therefore, the provisions of the Act are not applicable to it and accordingly the authorised Controller could not be appointed by the State Govt., under the provisions of the said Act. The Authorised Controller was appointed by order dated 9-8-85, Annexure 19, for a period of one year which has expired but he has been continued by subsequent orders, and he is still continuing as such.

2. Petitioner No. 1 is All India Crime Prevention Society and petitioner No. 2 is its President. Petitioner No. 1 has been stated to be a Society registered under the Societies Registration Act. The Society runs a school at Balaganj, Hardoi Road, Lucknow known as Pragati Ashram High School. It is claimed that in this School education is imparted from Classes I to X to ex-criminals and members of backward classes ; the school is a residential one and is continuing since 1958. In Paragraph 8 of the petition it has been stated that the land and building in which the school is being run, is owned by the petitioner-Society. In Paragraph 9 it is averred that the Education Department of U. P. Government never provided any fund for running the school although cent percent funds were provided by Harijan and Social Welfare Department of the State Government. These funds were utilised in providing food, clothing, books, stationery, medicines to the students and in payment of salary to the teachers and the staff. No education fee was charged from the students. Specific averment has been made in Paragraph 12 to the effect that no grant in aid was ever received for running the school from the Education Department of the U. P. Government. It is also stated in this very paragraph that teachers of the school were never appointed with the approval of the District Inspector of Schools or Regional Deputy Director of Education. In the matter of appointment of staff, control was exercised by the department of Harijan and Social Welfare. Head Master of the School Sri R. P. Singh was appointed with the approval of the Director of the said Department ; a copy of his order dated 6-7-82 issued in this behalf has been filed as Annexure No. 5. In paragraph 2 of the supplementary affidavit dated 4-3-83 filed on behalf of the petitioners it has been specifically stated that the school has not been recognised by the Board of High School and Intermediate Education or by any other authority of the Education Department. So long as the Society continued to receive grants from the Harijan and Social Welfare Department, no problem arose in running the school but in the year 1984-85 despite the order of the Director of Harijan and Social Welfare, Uttar Pradesh dated 29-3-85 the last instalment of the grant of Rs. 2,00,000/- was not released, with the result that it became impossible for the Society to run the school and on 20-5-85 it served notices upon the employees terminating their services with effect from 20-6-85. It appears that against the order terminating services of the employees Writ Petition No. 2539 of 1985 has been filed in this Court by the Madhyamik Shikshak Sangh in which State of U. P. has also been impleaded and a writ of mandamus has been claimed to command the State Govt, to appoint authorised controller for the School. Now a few developments culminating in the passing of the impugned order may be noticed.

On 11-4-1983 the Additional Director of Education, Allahabad issued notice to the Manager of the School purporti