A.N.Varma, J. - (1.) THE petitioner claiming to represent the management of the Hindu Intermediate College, Kosi Kalan, Mathura are aggrieved by the order dated 30 -5 -1986 passed by the Regional Deputy Director of Education Agra in the purported exercise of powers under Section 16A(7) of the Intermediate Education Act recognising the committee headed by Mathura Prasad Sharma as President and Sri Ram Rakshya Pal Arya as the Manager as constituting the Committee of Management in actual control of the affairs of the said institution. The two groups, one represented by the petitioners and other by the respondent No. 3 vied with each other for the control of the management of the institution. The petitioners allege that they were duly elected on 19 -1 -1986 in pursuance of the directions Issued by the Registrar of Firms, Societies and Chits on 4 -3 -1983 exercising his powers under Section 25(2) of the Societies Registration Act as the Committee of Management of the aforesaid institution. The respondents, on the other hand claim, that their Committee was elected on 27 -1 -1986 with Mathura Prasad Sharma as President and Ram Rakshya Pal Arya as Manager in accordance with the approved Scheme of Administration of the institution. Both the parties appear to have approached the District Inspector of Schools seeking recognition of their committees. The District Inspector of Schools finding that there was a dispute in respect of the management of the institution between the two rival groups, one represented by the petitioners and the other by the respondent No. 3 referred the same vide his order dated 1 -2 -1986 to the Deputy Director of Education for adjudication under Section 16A(7). Thereafter both the rival claimants filed their written statements and adduced evidence in support of their respective cases. On a consideration of the same, the Deputy Director of Education passed the impugned order holding that it is the Committee of Management represented by the third respondent which was in actual control of the affairs of the institution and consequently recognised the same as constituting the Committee of Management of the Institution.
(2.) FOR the petitioners, the first contention raised was that the Deputy Director of Education had no jurisdiction to take cognizance of the dispute in as much as the elections set up by the respondents were barred by sub -section 3 of Section 25 of the Societies Registration Act. The argument was that the elections at which the petitioners were elected had been held in pursuance of the direction issued by the Registrar of the Societies under sub -section 2 of Section 25 of the Societies Registration Act in accordance both with the bye -laws of the Societies as well as the approved Scheme of Administration of the Institution, and consequently sub -section 3 of section came into play. The submission is misconceived and must be rejected. Section 16A of the Intermediate Education Act is a complete Code by itself in so far as the constitution of the Committee of Management of recognised institutions and the disputes pertaining to the management of institution are concerned. It begins with a non -obstante clause and says: - - Notwithstanding anything in any law, document or decree or order of a Court or other instrument,............ It provides that there shall be a Scheme of Administration for every institution which shall provide, amongst other matters, for the constitution of a Committee of Management vested with authority to manage and conduct of the affairs of the institution. The Scheme of Administration has to be approved by the Director of Education. The provision obligates that every recognised institution shall manage its affairs in accordance with that Scheme. Then follows the all -important sub -section 7 of Section 16A which says: - - Whenever there is dispute with respect to the management of an institution, persons found by the Regional Deputy Director of Education upon such enquiry as it deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognized to constitute the Committee of Management of such institution until a court of competent jurisdiction directs otherwise: Provided that the Regional Deputy Director of Education shall before making an order under this sub -section, afford reasonable opportunity to the rival claimants to make representations in writing.
(3.) THE legislative intent behind Section 16A seems explicit and unambiguous. It is that so far as the constitution of the Committee of Management of a recognized institution and disputes arising in respect thereof are concerned, the Director of Education or the Regional Deputy Director of Education, as the case may be, enjoy overriding powers in that within these spheres no other authority may intrude except that where the Regional Deputy Director of Education determines a dispute in respect of the management of the institution under sub -section 16 -A(7) and finds any group of persons in actual control of its affairs and accords recognition to that group, the recognition operates until a court of competent jurisdiction determines the dispute. The object behind conferring such a power on a Regional Deputy Director of Education is not far to seek. For the proper functioning of a recognized institution the educational authorities charged with the duties of ensuring that the management is carrying on its obligations under the Intermediate Education Act and for smooth day to day management of the affairs to the institution it is necessary that dispute in respect of management must be resolved expeditiously by an authority constituted for that purpose under the Intermediate Education Act. Care has, however, been taken that rival rights of the persons claiming to represent the management should be left to be determined finally by courts of competent jurisdiction. But till that decision is rendered, the Regional Deputy Director of Education has to determine that dispute for himself so that the cause of the students and teachers or employees of the institution does not suffer by the continuing uncertainty or impasse.;