259. Increase in number of directors to require Government sanction. In the case of a public company or a private company which is a subsidiary of a public company, any increase in the number of its directors, except-
in the case of a company which was in existence on the 21st day of July, 1951 , an increase which was within the permissible maximum under its articles as in force on that date, and
in the case of a company which came or may come into existence after that date, an increase which is within the permissible maximum under its articles as first registered, shall not have any effect unless approved by the Central Government; and shall become void if, and in so far as, it is disapproved by that Government: 1[ Provided that where such. permissible maximum is twelve or less than twelve, no approval of the Central Government shall be required if the increase in the number of its directors does not make the total number of its directors more than twelve.].
In my opinion CG approval is required cause it is clearly mentioned in the bare act that any increase in the number of directors within articles as originally registered provided such increase is 12 or less than 12, no CG approval is required. in the given case, the suggested increase may be within the articles as originally registered but is more 12, hence the exception rule will not apply and CG approval will be required.
My answer is with reference to the original question asked.