KATRA EDUCATIONAL SOCIETY versus STATE OF UTTAR PRADESH & ORS.

Citation: [1966] 3 S.C.R. 328 · Decided: 17-01-1966 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed
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Judgment (excerpt)

KATRA EDUCATIONAL SOCIETY 
v. 
STATE OF UITAR PRADESH" ORS. 
Janu11ry 17, 1966 
[P.B. GAJENDRAGADKAR, C.J., J.C. SHAH, S.M. SIKRI, 
V. RAMASWAMI AND P. SATYANARAYANA RAJU JJ.j 
Intermediate Educaiion Act ( U.P. 2 of 1921) as amended by Act 35 
of 1958-Yalidity of ss. 16A to 161-Sections whether unreaso1uible, du-
criminatory-Whetlrer within legislative power of State Legislature. 
The appellant-a society registered 
under the Societies Regislration 
Act 21 of 1860--<>lnducled an educational institution at Allahabad in 
Ultar Pradesh. 
Management of the affairs of the society was entrusted 
by the memorandum of association to an Executive Commiuee whose mem-
bership was confined to members of the Society. 
Under the Intermediate 
Education Act (U.P. Act 2 of 1921) provision was made for establishing 
a Board with powers to regulate High School and Intermediate Education. 
This Act was amended by U.P. Act 35 of 1958. By s. 7 of the amending 
Act which came into force on January 23, 1959, ss. 16A to 161, 
were 
incorporated into U.P. Act 2 of 1921. 
By leuer dated September 12, 
1960, lhe Regional Inspector of Girls Schools called upon lhe Society 
to submit and get approved a scheme of Adminislration of lhe institution 
managed by it. The society thereupon presented a petition under Art. 226 
of the Cons1i1u1ion for the issue of a wril quashing the orders of the 
Regional Inspector and requiring the authorities not to enforce the provi. 
sions of ss. 16A lo 161. The High Court dismissed the petition. In il.9 
appeal to this Court it was contended on behalf of the Society that 
(I) The amending Act of 1958 was inoperative to the exlent to which it 
sought 10 impose controls upon the management of an educational institu-
tion registered under the Societies Registration Act and thereby directly 
trenched upon legislative power conferred by Entry 44 of List I and Entries 
10 and 18 of List Ill. (2) Section 16I 
was 
discriminatory inasmuch 
as it conferred uncontrolled pow.,,r on the Regional Deputy Director of 
Education. (3) The provisions of s. 168(3) read withs. 16D(3)(a) and 
(b) were unreasonable. ( 4) Section 160( 4) invaded the society's right 
to property guaranteed by Arts. 19 and 31 of the Constitution. 
(5) The 
provisions in question made unlawful d~crimination between private and 
State institutions. 
HELD : 
(i) The impugned legislation does not fall under Enlry 44 
of List I. 
A 
B 
c 
D 
E 
F 
Board of Trustees v. State of Delhi, A.J.R. 1962 S.C. 
458, 
applied. 
G 
It cannot also he said that the pith and substance of the impugned 
Act relates to charities and charitable institutions or to trusts and trustees. 
The true nature and character of the Act falls within the express legis-
lative power conferred by Entry 11 of List II and merely because it inci· 
dentally trenches upon or affected a charitable institution or the powers 
of the trustee. of the institution it will not on that account be beyond the 
legislative authority of the State. 
[333 E-GJ 
H 
(ii) Section 16F(4) is enacted in the interest of the students of the 
Institution. 
Vl'hen the Educational Authorities do not accept the .uit-
ability of a person selected by the management on two successive occa-
328 
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330 
SUPREME COURT REPORTS 
[1966] 3 S.C.R. 
to conduct examinations at the end of the High School and 
Intermediate courses, to recognize institutions for purposes of its 
examinations, and to do all such other acts and things as may 
be requisite in order to further the objects of the Board. This Act 
was amended by the U.P. Act 35 of 1958. By s. 7 of the amending 
Act which came into force on January 23, 1959, ss. 16A to 161 
were incorporated into U.P. Act 2 of 1921. Bys. 8 the State 
Government was authorised to promulgate Regulations in respect 
of matters rovered by ss. l 6A to 161. 
By letter dated September 12, 1960 the Regional Inspector 
of Girls Schools, Hird Region, Allahabad called upon the Society 
to submit and get approved a Scheme of Administration of the 
institution managed by it. The Society thereupon 
presented 
a petition under Art. 226 of the Constitution in the High Court 
of Judicature at Allahabad for the issue of a writ quashing the 
orders passed by the Regional Inspector of Girls Schools and re-
quiring the State of U.P., the Director of Education, the Regional 
Inspector of Girls Schools and the Board of High School and Inter-
mediate Education, who were respectively responden
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