- (1.) Associate District Inspector of Schools, Jaunpur, who was appointed as PRABANDH SANCHALAK (hereinafter referred to as the Administrator) by Deputy Director of Education vide his order dated 1-6-1988 for Janta Inter College, Ratnupur, Jaunpur (hereinafter referred to as the College), held election of the commiitee of management of the college on 7-6-1990 and submitted the papers before the District Inspector of Schools, Jaunpur (hereinafter referred to as the D.I.O.S.) for approval and attestation of the signature of Petitioner No. 2 as the manager of the managing committee. The D.I.O.S. attested the signature of Petitioner No. 2 and recognised the newly elected committee of management vide his order dated 19-6-1990. Since then the Petitioner No. 1, which the committee of management and the Petitioner No. 2, who is its manager have been managing the college. However, on a complaint made by Respondent No. 5 the Director of Education asked the Deputy Director of Education to decide the validity of the constitution of the committee of management of the Petitioners under Section 16-A (7) of the U.P. Intermediate Education Act (hereinafter referred to as the Act). Petitioners challenged the above direction by means of a writ petition, which was disposed of by this Court on 26-8-1992 with the observation that the Petitioners should make a representation before the Deputy Director of Education who has issued notice and before whom the matter is pending. Petitioners, thereafter, made a representation before the Deputy Director of Education, which has been rejected by him vide his order dated 30-9-1992 and by another order dated 3-10-1992 he has declared the election of the committee of management of the Petitioners as illegal and has appointed Administrator for running and managing the college and holding the election of the committee of management. Thereafter, the D.I.O.S. in pursuance of the above orders of the Deputy Director of Education has attested the taking over charge of the college by the Administrator on 7-9-1992. This order of the D.I.O.S. has been filed as Annexure-I to the Supplementary affidavit. It is against these orders that this writ petition has been filed.
(2.) A counter affidavit has been filed on behalf of Respondent No. 5. learned Counsel for the Petitioners has stated that he does not want to file rejoinder affidavit and has also stated that he is not pressing the writ petition against Respondent No. 4. I have heard Sri R.N. Singh, learned Counsel for the Petitioners and Sarvasri R.G. Padya and Namwar Singh on behalf of the Respondent No. 5.
(3.) The only question, which has been raised by the learned Counsel for the Petitioners is that as there are no two or more rival managing committees, who have laid their claim to manage the college, the Deputy Director of Education does not have jurisdiction to decide the validity of the election of the committee of management under Section 16-A (7) of the Act. This controversy has already been decided by two Division Benches of this Court in Committee of Management v. D.I.O.S., 1992 ACJ 505 and Chandrakesh Rai v. Deputy Director of Education,1985 UPLBEC 1124, wherein it has been laid down that unless there are two or more rival committees of management laying their claim for management of the college, Deputy Director of Education does not have jurisdiction to decide the validity of the election. Relevant extract from the case of Committee of Management v. D.I.O.S. (supra) is reproduced below : 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 UPLBEC 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.;