R.A. Sharma, J. - (1.) IN 1979 the Government appointed an authorised controller under Section 16D of the U.P. Intermediate Education Act (hereinafter referred to as the Act) for Naldeo Kuldeo Inter College, Jaunpur (hereinafter referred to as the college). The authorised controller continued to manage the college till 1989. The Government of U.P. by its order dated January 24, 1990 revoked the appointment of authorised controller in view of the election of the Committee of Management (Petitioner) of which Petitioner no 2 was the manager, and accordingly directed for handing over the charge and control of the college to that Committee. The charge of the college was accordingly handed over to the Petitioners and signatures of the Petitioner no. 2 as manager were attested. The Petitioners thereafter continued to manage the college. However, the Deputy Director of Education vide his order dated 26 -6 -1992 (Annexure -7 to the writ petition), declared the election of the petitioners' Committee held in 1989 as illegal and appointed an administrator for running and managing the college. It is against this order that the Petitioners have filed this writ petition.
(2.) A counter affidavit sworn by Sri Sharda Prasad Singh, claiming to be elected manager of the college, has been filed and the Petitioner has filed rejoinder -affidavit in reply thereto. I have heard learned Counsel for the parties. Learned Counsel for Petitioner has challenged the impugned order on two grounds viz. (i) the Deputy Director has no jurisdiction to declare the election of Petitioner's Committee as illegal and (ii) the impugned order has been passed without giving any opportunity of being heard to the Petitioner.
(3.) PROVISIONS of Section 16 -A (7) of the Intermediate Education Act are attracted when the dispute regarding the right to manage the college is raised by two or more Committees of Management. Unless there are two or more rival managing committees laying their claim to manage the college the Deputy Director of Education does not get jurisdiction under the above provisions to decide the dispute. In this connection reference may be made to the decision of Division Bench of this Court in the case of Committee of Management v. District Inspector of Schools, 1992 ACJ 505 in which it was laid down as follows : Unless there are two rival Committees of Management claiming the right to manage the institution, there cannot be dispute with respect to the management of the institution, which requires adjudication, by the Deputy Director of Education. Existence of two rival Committees of Management is as such a condition precedent for invoking the jurisdiction of the Deputy Director of Education under sub -section (7) of section 16 -A of the Act. In this connection reference may be made to a decision of a Division Bench of this Court in Chandra Kesh Rai v. Deputy Director of Education, 1985 UP LB EC 1124, wherein it was laid down that, "Before a dispute can be referred to the Deputy Director of Education under Section 16 -A (7) of the Intermediate Education Act, there should be two rival management committees.;