N. K. MITRA, C. J. ( 1 ) MANGLA Prasad Inter College, Allahabad is an Institution recognised under the provisions of the U. P. Intermediate Education Act, 1921, the affairs of which are managed by the Committee of Management constituted in accordance with the Scheme of Administration as approved under section 16-A of the U. P. Intermediate Education Act, 1921 (In short the act ). It appears that the institution is at present under the management of an authorised conroller appointed by the State government under Section 16-D (4) of the Act. The authorised controller proposed certain amendments in the Scheme of Administration, which were approved by the Regional Dy. Director of Education. Such modification in the Scheme of administrative was challenged by means of a writ petition which came to be disposed of with a direction to the appellants to prefer a representation to the Director of Education who was directed to consider the representation and dispose it of by passing a reasoned order. The Director of Education, it appears, though felt that certain amendments incorporated in the Scheme of Administration with the approval of the Dy. Director were objectionable but rejected the representation by means of the order dated 24. 9. 98. The order dated 24. 9. 98 as also the Scheme of Administration as amended by order dated 13. 5. 94 was challenged in the writ petition giving rise to the present Special Appeal inter alia on the ground that the amendment in the Scheme of Administration could not have been carried out except with the approval of the Director of Education as comprehended by Section 16-A (5) of the Act. The learned Single Judge dismissed the writ petition vide judgment under challenge in this special appeal. ( 2 ) WE have heard Sri S. U. Khan, appearing for the appellants and the learned Standing Counsel representing the respondents. The learned Single Judge dismissed the writ petition vide judgment under challenge in this special appeal. ( 2 ) WE have heard Sri S. U. Khan, appearing for the appellants and the learned Standing Counsel representing the respondents. ( 3 ) SECTION 16-A (5) of the Act being relevant is quoted below for ready reference : "the Scheme of Administration of every institution shall be subject to the approval of the director and no amendment to our change in the Scheme of Administration shall be made at any time without the prior approval of the Director : provided that where the Management of an institution is aggrieved by an order of the Director refusing to approve an amendment or change in the Scheme of Administration, the State government, on the representation of the Management, may, if it is satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of the institution, order the Director to approve of the same, and thereupon the Director shall act accordingly. " ( 4 ) IT would be evident from the provisions aforestated that the Scheme of Administration of every institution is subject to the approval of the Director and no amendment or change in the scheme of Administration has to be made at any time without prior approval of the Director. The term director as defined in Section 2 (aaa) "means the Director of Education, Uttar Pradesh and except for purposes of Section 3, includes an Additional Director of Education". In committee of Management Janta Inter College, Bhopa Muzaffarnagar and Anr. v. Deputy director of Education (I), Meerut. Region, Meerut and Ors. , 1998 (1) ESC 518 (All), one of us (Honble S. R. Singh), had an occasion to consider the question as to whether an amendment in the Scheme of Administration without proper approval of the Director could be sustained. Quintessence of what was held therein is excepted below : "the word "director" as defined in Section 2 (aaa) of the Act includes, for the purpose of section 3, "additional Director and is quite distinct from the "regional Deputy Director of education" a term defined in Section 2 (dd) of the Act. Quintessence of what was held therein is excepted below : "the word "director" as defined in Section 2 (aaa) of the Act includes, for the purpose of section 3, "additional Director and is quite distinct from the "regional Deputy Director of education" a term defined in Section 2 (dd) of the Act. The argument that prior approval of the director of Education would not be necessary in the instant case in as much as the amendment was sought to be made by the Committee of Management of the basis of general directions issued by the "regional Deputy Director of Education" vide letter dated 4. 2. 1994 is wide of the mark and cannot be countenanced for the simple reason that any change or alteration in the scheme of Administration requires prior approval of the "director of Education" and not of the regional Director of Education. Had the amendment been made pursuant to any direction issued by the "director of Education", the position would have been different. There is neither any allegation nor any proof of the fact that the proposed amendment was ever sent to the "director of Education". ( 5 ) THE view aforestated finds to echo in Committee of Management, Barni Jain Uchchattar madhyamik Vidyalaya, Dehradun v. State of U. P. and Ors. , 1999 (1) AWC 527 : (1999) 2 uplbec (Alld. Sum) 58. ( 6 ) THE learned Standing Counsel appearing for the respondents has not been able to draw our attention to any contrary decision on the point. In view of plain language employed by the legislature under Sub-section (5) of Section 16 of the Act, we are of the considered view that no amendment or change in the Scheme of Administration can be made at anytime without prior approval of the Director. Since in the instant case, the Scheme of Administration has been amended without prior approval of the "director", the same cannot be countenanced in law. ( 7 ) ACCORDINGLY, the appeal succeeds and is allowed. The impugned judgment of the learned single Judge is set aside and the impugned amendment to the Scheme of Administration is quashed. .