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 i.e., nursery classes.

(ii) Junior basic, called primary stage, from class I to V.

(iii) Senior basic i.e., Junior high school stage from

class VI to VIII, and

(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 (U.P.) 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.

M.R. Appeal al-

lowed.