- (1.) A. B. Srivastava, J. The controversy in this writ petition is a short one, whether there was in existence a dispute, on account of two rival committees claiming authority to manage the educational institution, called Sher Mohd. National Inter College, Machhti, district Ghazipurand if so, the act of the D. I. O. S. , Ghazipur, respondent No. 1 in recognising the committee headed by the respondent No. 2 Mohd. Farooq Khanand attestation of his signature is without juris diction.
(2.) PLEADINGS having been exchanged between the parties, this petition is being finally disposed of at admission stage in ac cordance with Rules of the Court. The respondent No. 3 Mohd Farooq Khan laid a claim before the D. I. O. S. , Ghazipur that a Committee of Manage ment, headed by him was elected on 6. 7. 1996and the same may be recognised. By impugned order dated'15. 7. 1996 (Annexure '14') by the petitioners on the plea that in an election duly held on 7. 7. 1996 the committee of management headed by the petitioner No. 2 Imtiaz Ahmed, who was also the outgoing manager, was elected and laid the papers before the D. I. O. S. for recognition, the recognition granted to the respondent No. 3 is invalid as the respon dent No. 2 had no locus standi to hold the election. This court by an interim writ stayed the operation of the impugned order till further orders or any decision by the Regional Deputy Director of Education under Section 16-A-7 of the U. P. Inter mediate Education Act. There is no dearth of authority on the point that once there is a dispute raised, regarding existence of rival committee of management, it is the Regional D. D. E. , who has, under S. 16a-7 of the U. P. Intermediate Education Act, the sole jurisdiction to decide the same for granting recognition. The law in this regard has been vividly laid down in Committee of Management Shri Gandhi Vidyapith Inter College, Ghatanipur and another v. D. I. O. S. , Kanpur Dehat and another (1989 (1) U. P. L. B. E. C. 178), Shundar Husain v. Deputy Director of Education II, Region Moradabad and others (1995 All C. J. 1244) and Committee of Management Mohbarakpur Inter College and another v. Regionel Deputy Director of Education and others (1995 A. W. C. 1823 ).
(3.) IT would also be borne out in this case from the perusal of Annexure 11 to the with petition which is a letter dated 8. 7. 1996 and Annexure C. A. 17 letter dated 19. 7. 1996 that a rival claim had been laid before the D. I. O. S. by the petitioner No. 2 well before 15. 7. 1996. Thus in these cir cumstances, the D. D. E. and not he, had the jurisdiction to decide the question of recog nition. Consequently, the impugned order of the D. I. O. S. being without jurisdiction is unsustainable. It is also pertinent to note in this connection that during the pendency of this writ petition the concerned Deputy Direc tor of Education has himself taken notice of the matter, in view of the interim order passed by this Court, as is evident from An nexure T to the rejoinder affidavit, al though the formally of a reference by the D. I. O. S. is yet to come. In these above cir cumstances, therefore, the impugned order of the D. I. O. S. dated 15. 7. 1996 is quashed and he is directed to make a reference of the dispute with respect to the Committee of Management of the institution in question to the concerned Regional Deputy Director of Education, Varanasi, with in three days from the date a certified copy of this order is made available to him, where after the Regional Deputy Director of Education shall decided the said question expeditiously, preferably, with in three weeks. Status quo as on date, shall be maintained subject to any interim order which the Regional D. D. E. may pass in the matter pending final decision by him.;