Appeal No 343 of 1974
Appeal by special leave from the Judgment and Order dated 11 9 1973 of the Allahabad High Court Lucknow Bench in Spl
Appeal No 11871
D Mukherjee and CP Lal for the appellant
Akhtar Hussain SN Prasad and DN Misra for the respondent The Judgment of the Court was delivered by 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 ie nursery classes
ii Junior basic called primary stage from class I to V iii Senior basic ie Junior high school stage from class VI to VIII and 958 iv 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 flied a writ petition in the High Court at Allahabad Luc know Bench alleging inter alia that the order terminating her services was mala fide and made in violation of the regulations framed under the UP 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 Interme diate 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
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 therefore
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 Board s 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 requi site 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 tion 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 recog nized institution from time to time and order the removal of any defect found on inspection
Sections 16E 16F and 16G provide for the qualifications and the conditions of service of the teachers Of a recognized institution
Thus all these sections are confined in their application to recog nized institutions only
Regulations have been framed under the Act in respect of matters covered by section 16 A to section 16 G Regulations 31 to 45 in Chapter III of the Regulations deal with the subject of punishment enquiry and suspension of the employees of a recognized institution
It is said that the suspension and dismissal of the respond ent was not in accordance with these regulations
It seems clear from the provisions set out above that they all relate to recognized institutions recognition is by the Board for the purpose of preparing candidates for admission to the Board s examination and Board means the Board of High School and Intermediate Education
The basic section of a school cannot therefore be part of a recognized institution
We are unable to agree with the view taken by the Division Bench of the High Court that the basic section is an integral part of the institution and there fore must be governed by the provisions of the Intermediate Education Act 1921
A school by extending its operation to fields beyond that covered by the Act cannot extend the ambit of the Act to include in its sweep these new fields of education which are outside its scope
The case of the appellants on this point appears from the counter affidavit filed by them in answer to the writ petition
It is said that the college is running the Basic Section independently and is neither registered by the Government nor affiliated by any local body and neither any grant in aid is being taken by the department to run this section accordingly
The college has its own rules and regulations to conduct the Basic Section
 It is not correct to think that since the college has to have a committee of management as required by section 16 A a managing committee that looks after the affairs of the Basic Section of the college must also be functioning as a statutory body discharging duties under the Intermediate Education Act and governed by the Regulations framed thereunder
The Division Bench sought support for the view it had taken from some provisions in the Education al Code of Uttar Pradesh but as pointed by the learned single Judge the Code is only a compilation of the various administrative rules and orders relating to educational institutions in the State and has no statutory force
For the reasons stated above it must be held that the appel lants were not discharging any statutory function in making the impugned orders affecting the respondent
The appeal is accordingly allowed the Judgment of the Division Bench is set aside and that of the Single Judge restored
There will be no order as to costs
MR Appeal al lowed


Summary:
The respondent an assistant teacher in the basic sec tion of the Colvin Taluqdar s college Lucknow was suspend ed and then removed from service by the managing committee of the college
She flied a writ petition in the High Court challenging her dismissal order contending that it violated the regulations framed under the UP Intermediate Educa tion Act 1921
The appellants contended that the col lege was running the basic Section independently and without any affiliation or grants from the Government or any local body and that the said Act did not apply
The Single Judge of the High Court dismissed the Writ petition as none of the opposite parties was a public au thority
An appeal was allowed by a Division Bench of the High Court on the ground that the basic Section was an integral part of the college and was run by a Managing Committee constituted under the Intermediate Education Act
Allowing the appeal the Court HELD The provisions of the Act relate to recognized institutions recognition is by the Board for the purpose of preparing candidates for admission to the Board s examina tion Board means the Board of High School and lntermedi ate Education
The basic section of a college cannot there fore be part of a recognised institution
It is not correct to think that since Section 16A of the Act requires a college to have a committee of management a managing committee that looks after the affairs of the basic section of the college must also be functioning as a statutory body discharging duties under the Act and governed by the regula tions framed thereunder
An institution by extending its operation to fields beyond that covered by the Act cannot extend the ambit of the Act to include in its sweep these new fields of education which are
outside its scope
959 C G