V. M. SAHAI, J. ( 1 ) THE question that arises for consideration in this petition is whether amendment in the Scheme of Administration under, Section 16-A (5) of the U. P. Intermediate Education Act, 1921 can be made only by the Director of Education or by the Regional Joint Director of Education as well ? and what should be the term of Committee of Management of an institution in absence of any period prescribed under the Act or Regulations framed under it ? ( 2 ) BAHERI Education Society. Baheri, District Bareilly is a society registered under the Society registration Act, 1860 and it runs and manages an education institution known as Mahatma gandhi Memorial Inter College, Baheri, District Bareilly (in brief institution ). The institution has a Scheme of Administration approved on 7. 8. 1986 by the Deputy Director of Education, District bareilly. In the Scheme of Administration is clause 9 it is provided that the term of committee of management would be three years. It further provided that the term of every office bearer would continue till next election but such period would not be more than one month i. e. three years one month. The committee of management of the institution was elected on 16. 2. 199-7, Shri gajendra Singh elected as Manager and the Deputy District Magistrate, Bahcri was to be ex-officio President. The District Inspector of Schools, Bareilly (in brief DIOS) recognised the election on 9. 4. 1997. The management lodged First Information Report against the officiating principal Sri Jasmel Singh on 26. 11. 1998 under Section 406 I. P. C. The ex-officio President did not convene the meeting, therefore, the manager convened the meeting for 24. 1. 1999 in which sri Jasmel Singh was suspended. The management submitted the papers to the DIOS for approval. The suspension was not approved. ( 3 ) ON 20. 5. 1999 the general body of the society passed a resolution for enhancing the term of the committee of management from three years to five years. The resolution was sent to the regional Joint Director of Education (in brief RJDE) on 11. 12. 1999 for amendment in Clause 9 of the Scheme of Administration. This resolution of the management is not on record. But it admittedly was rejected on 28. 1. 2000 by the RJDE. The resolution was sent to the regional Joint Director of Education (in brief RJDE) on 11. 12. 1999 for amendment in Clause 9 of the Scheme of Administration. This resolution of the management is not on record. But it admittedly was rejected on 28. 1. 2000 by the RJDE. The reason for rejection of the resolution, as mentioned in the order, is that many complaints had been received against the committee of management and the matter of lodging the First Information Report against the management was pending consideration before the DIOS, therefore, the application of the management for enhancing the term of the committee of management from three years to five years was not proper. ( 4 ) SHRI Ashok Khare the learned Counsel for the petitioner has vehemently urged that while exercising powers under Section 16-A (5) of the U. P. Intermediate Education Act, 1921 (in brief the Act) the RJDE could not reject the resolution because some complaints were pending against the committee of management. He could only consider the validity of resolution sent by the committee of management and if there was no defect in it he had to extend the term from three years to five years. According to the learned Counsel the order rejecting the resolution was passed on irrelevant considerations. ( 5 ) ON the other hand, Shri S. N. Srivastava the learned Standing Counsel appearing for respondents No. 1 to 5 and Shri Sheo Kumar Singh the learned Counsel for the appearing for respondent No. 6 have urged, that in view of Division Bench decision of this Court in Mangla prasad Inter College, Society, Allahabad and Anr. v. Director of Education, Allahabad and Ors. , (2000) 2 UPLBEC 1418 , the proposal sent by the management to the RJDE was not maintainable as power to amend the Scheme of Administration vests in the Director. Since no resolution for amendment in the Scheme of Administration was filed before the Director of education, therefore; the resolution for amendment in the Scheme of Administration was rightly rejected by the RJDE. ( 6 ) SECTION 16-1 of the Act lays down that the Director with the approval of the State Government could delegate all or any of the powers under the Act to an officer or officers who are not below the rank of Deputy Director of Education. ( 6 ) SECTION 16-1 of the Act lays down that the Director with the approval of the State Government could delegate all or any of the powers under the Act to an officer or officers who are not below the rank of Deputy Director of Education. The Director in exercise of this power delegated the powers conferred on him, with the approval of the State Government, under Section 16-A (5), 16-B and 16-C by notification dated 23. 9. 1959 on Deputy Directors of Education of seven regions. By notifications dated 1. 10. 1964, 28. 8. 1970 and 30. 9. 1961 three more-regions and posts of Regional Deputy Director of Education were created at Nainital, Faizabad and Jhansi. Subsequently, more new regions were created. The Act was amended by U. P. (Amendment) Act no. 1 of 1981 and Section 16-CC, 16-CCC and Third Schedule were added in the Act. The schedule laid down the principles on whch the authorities could grant approval to a Schemes of administration. In the light of these principles the State Government issued a G. O. dated 13. 2. 1981 that the existing Scheme of Administration of the institutions be revised and amended on democratic principles and necessary directions be issued by the Director to the officers for implementing the directions mentioned in the Government Order. In compliance of G. O, dated 13. 2. 1981 the Additional Director of Education (Secondary), U. P. , Allahabad issued a letter on 30/31. 3. 1981 directing the Regional Deputy Director of Education to ensure compliance of G. O. dated 13. 2. 1981 and Schemes of Administration of institutions be amended within the stipulated period. The period of six months fixed by G. O. dated 13. 2. 1981 was extended by U. P. Ordinance no. 30 of 1983 and later on by Intermediate Education (Amendment) Act, 1984 the period of six months mentioned in Section 16-CCC of the Act was substituted as three years. In the supplementary counter affidavit filed by Shri Mitra Lal, Additional Director of Education (Secondary), U. P. , Allahabad it is stated that framing of Model Scheme of Administration was deliberated upon at various levels of the State Government and Deputy Director of Education, up. (School Management) sent on 5. 3. 1960 a Model Scheme of Administration to all the regions. (School Management) sent on 5. 3. 1960 a Model Scheme of Administration to all the regions. But the Director decided not to thrust a Model Scheme of Administration on the institutions and it was decided to leave the management free to frame their own scheme according to their needs which were not inconsistent with the provisions of the Act, and regulations. Along with the two supplementary counter affidavits filed by the respondents it is clear that the various institutions in the State have framed their Schemes providing for periodical elections and in some schemes the term is three years one month, in others three years four months etc. Only in Agra Region the term for holding periodical election is four years one month. ( 7 ) THE power of approval of Scheme of Administration was exercised by Regional Deputy director of Education in pursuance of notification dated 25. 1. 1984. The State Government on 12. 12. l995 issued G. O. No. 2477/- 15. 10. 959 (11)/94 by which thirteen posts of RJDE were created and distribution of work between Regional Deputy Director of Education and RJDE was made. The RJDE were given the administrative powers with regard to leave, transfer, appointment, probation etc. The G. O: dated 12. 2. 1995 did not confer any power on the RJDE to exercise powers under Section 16-A (5) of the Act. The powers under Section 16-A (5) remained with the Regional Deputy Director of Education and Scheme of Administration was to be approved and any amendment in it could be made by the Regional Deputy Director of Education. Another order was issued on 19. 12. 1997 by the State Government which further bifurcated the distribution of work between the RJDE and Regional Deputy Director of Education but power of amending the Scheme of Administration remained with the Regional Deputy Director of education. The State Government in exercise of its power under clause (bb) of Section 2 of the act issued a notification by which all the RJDE were conferred powers of the Regional Deputy director of Education. The notification No. 1014/15. 7. The State Government in exercise of its power under clause (bb) of Section 2 of the act issued a notification by which all the RJDE were conferred powers of the Regional Deputy director of Education. The notification No. 1014/15. 7. 1998, published in U. P. Gazette, Extra, part 4, Section (Ka), dated 17th March, 1998 is extracted below : "in exercise of the powers tinder clause (dd) of Section 2 of the Intermediate Education Act, 1921, U. P. Act No, II of the 1921) the Governor is pleased to authorise all the Regional Joint directors, Education to perform all the duties of Regional Deputy Director, Education under the said Act. " ( 8 ) FROM the date of notification was issued the RJDE, therefore, became entitled to approve or disapprove or amend the Scheme of Administration. The notifications mentioned above and section 16-1 were not brought to the notice of Division Bench in Mangla Prasad Inter College, society, Allahabad (supra), therefore, this decision is not of any help to the respondent. It is, thus, clear that the RJDE had power to amend the scheme of Administration under Section 16-A (5) of Act. ( 9 ) THE next question is whether the Regional Joint Director of Education could enhance the term of Committee of Management from three years to five years? Under the Act or Regulations the term of Committee of Management had not been prescribed. Third Schedule to the Act only prescribes periodical elections. If the term for holding periodical elections has not been provided by the Act, then it could be only on democratic principles. In Civil Misc. Writ Petition No. 38932 of 1996, Committee of Management, Lal Babu Baijal Memorial Inter College and Ors. v. The Director of Education Madhyamik, Lucknow and Ors. , this Court on 10. 12. 1996 passed an order that the Director should take a decision for enhancing the term of committee of a management from three years to five years. The Director of Education referred the matter to the state Government. The State Government by its letter dated 19. 12. , this Court on 10. 12. 1996 passed an order that the Director should take a decision for enhancing the term of committee of a management from three years to five years. The Director of Education referred the matter to the state Government. The State Government by its letter dated 19. 12. 1997 informed the Director that under Section 16-CCC of the Act there is no provision that the term of Committee of management would be three years and Chapter-I Regulation 14- (a) provides for proper and effective functioning of the committee of management but it no where provides either in the Act or Regulations, the term of committee of management. And the Director should take a decision at his end in compliance of the order of the Court. In pursuance of this letter of the State government the Director issued a circular on 30. 3. 1998 to all the RJDE that the term of committee of management could be enhanced from three years to five years. And if any committee of management makes a request for enhancing the term of committee of management the RJDE can examine the resolution and if satisfied, approve amendment in the Scheme of administration enhancing the term of committee of management from three years to five years. In pursuance of the decision of the Director where a Committee of Management applied for amendment in the Scheme of Administration to extend the term fixed by the Scheme of administration for holding periodical election, the RJDE could amend the Scheme of administration and enhance the term from three years to five years. The reason for such extension from three years to five years has been given in the first supplementary counter affidavit filed by Shri Mitra Lal. Additional Director of Education (Secondary) U. P. , Allahabad. In paragraph 21 it has been mentioned that since under the Act there was no term prescribed for committee of Management and in Societies Registration Act, 1860 the term of society is five years, therefore, in order to keep the term of Executive Body of the Society running the institution in consonance with the term of Committee of Management of the institution the term of five years was recommended. It is, thus, clear that neither this Court nor the Government or the Department has treated three years as fixed period. It is, thus, clear that neither this Court nor the Government or the Department has treated three years as fixed period. The term of committee of management has been extended upto five years. The rationale for such extension has been explained by the department. It cannot be said to be arbitrary. Therefore, the period of committee of management form three years to five years could be extended by the RJDE. ( 10 ) THE next question is whether the Regional Joint Director of Education could reject the resolution sent by Committee of Management for enchaining the term from three years to five years ? The RJDE has to be satisfied that the provisions of Act and Regulations have been complied and the amendment sought is not inconsistent with the provisions of the Act or regulations. Once he is satisfied that the amendment sought by the Committee of Management is legal, he cannot refuse to amend the Scheme of Administration. The last election of petitioners, Committee of Management was held on 16. 2. 1997. On 27. 5. 1999 the Committee of management resolved to amend the Scheme of Administration from three years to five years and papers were forwarded to RJDE for approval. The RJDE by his order dated 28. 1. 2000 refuse to amend the Scheme of Administration on the ground that there were complaints against the institution and the DIOS was contemplating to lodge a First Information Report, therefore, it would not be proper to extend the term of Committee of Management. The RJDE had to be satisfied as to whether the amendment sought was in accordance with provision of Act or regulations or not. He could not refuse to amend the Scheme of Administration on any other consideration. If there were complaints against the institution and the RJDE was satisfied that the complaints were such that it warranted action against the institution or the Committee of management he has ample powers under the Act to proceed against the Institution or the management. But he could not refuse amendment. The RJDE in rejecting the resolution on the ground that an FIR was in contemplation acted on irrelevant considerations. But he could not refuse amendment. The RJDE in rejecting the resolution on the ground that an FIR was in contemplation acted on irrelevant considerations. If the RJDE Is required to be satisfied about the conduct of the Committee of Management then it will defeat the purpose of amendment in the Scheme of Administration and would confer arbitrary powers on the RJDE to pick and chose a Committee of Management for granting approval to amendment for enhancing the term proscribed in the Scheme of Administration. In absence of any guideline for extension the RJDE was only required to be satisfied about compliance of the Act and regulation. He could not consider the conduct of Committee of Management. Therefore, the order of RJDE passed on 28. 1. 2000 cannot be maintained. ( 11 ) IN the result this writ petition succeeds and allowed. The order dated 28. 1. 2000 passed by regional Joint Director of Education Annexure-5 of the writ petition is quashed. The Regional joint Director of Education is directed to extend the term of Committee of Management from three years to five years from the date it was elected, within a period of one month from the date a certified copy of this order is produced before him. ( 12 ) PARTIES shall bear their own costs. .