N. L. GANGULY, J. Writ Petition No. 17306 of 1994, hereinafter referred to as the leading writ petition, is filed by Sri Yogendra Nath Singh, Manager of Shri Gandhi Ram Niranjan Inter College, Jaunpur. Sri Shailendra Nath Singh has filed Writ Petition No. 17307 of 1994 as Mantri/prabandhak, Sri Ram Niranjan Inter College (Samiti), Kajgaon, Jaunpur. In both the writ petitions the judgment and order of the Deputy Director of Education Vth Region, Varanasi, dated 18-4-1994 has been challenged. In both the writ peti tions the parties have exchanged their affidavits. The learned counsel for the parties in both the writ petitions have consented that both the writ petitions be finally decided instead of formal admission of the petitions. 2. In the leading writ petition the petitioner has claimed a writ of certiorari quashing the order dated 18- 4-1994. In the other writ petition the petitioner h s claimed a limited prayer for issuing a writ, rule, order or direc tion in the nature of certiorari quashing the order dated 18-4-1994, so far it has directed the respondent No. 3, Committee of Management (under the alleged manager ship of Sri Yogendra Nath Singh, petitioner of the leading writ peti tion) and also prayed for a direction to the respondent No. 1, D. D. E. to appoint Prabandh Sanchalak forthwith and get the election held through him. 3. The perusal of the impugned judgment and order shows that one Dr. Sailendra Nath Singh claiming himself to be the Mantri/prabandhak of Shri Gandhi Ram Niranjan, Inter College, Kajgaon, Jaunpur submitted an application pleading that the institution is a recognised institution governed under the provisions of the U. P. Intermediate Education Act. The scheme of Administration is also approved. 4. It was said in the application of Shailendra Nath Singh that in the institution Shri Gandhi Ram Niranjan Inter College, Kajgaon there was a Committee of Management working as the managing committee without any election for the said office. The society Shri Gandhi Sarvajanik Vidyalaya, Kajgaon, Jaunpur was registered on 29-11-1948. For about 44 years the registration of the society was never renewed. On 16-6-1992 the society was registered as Shri Ram Niranjan Inter College, Kajgaon, Jaunpur. The society Shri Gandhi Sarvajanik Vidyalaya, Kajgaon, Jaunpur was registered on 29-11-1948. For about 44 years the registration of the society was never renewed. On 16-6-1992 the society was registered as Shri Ram Niranjan Inter College, Kajgaon, Jaunpur. It was pointed out that neither there had been any election for electing the office bearers of the society or the committee of management nor any paper in respect of the election of the office bearers was ever sent to the office of the D. I. O. S. Sri Shailendra Nath Singh submitted that in the capacity of the Secretary/manager of the Committee of Management requested the D. D. E. to appoint an authorised controller for holding election of the office bearers. On the application the D. D. E. had called for a report from the D. I. O. S. 5. After receiving the query from the D. D. E. the D. I. O. S. , in his turn, asked the Committee of Management to furnish documents, namely, when the papers of the election held in the institution were sent for grant of approval. It was said in the letter of the D. 1. O. S. that there was no record available with the office of the D. I. O, S. to find out when the committee of the institution had sent election papers for approval. The D. 1. O. S. also want ed to know when the election was held in accordance with the amended scheme of Administration. It was directed that a report be sent within a week by the Committee of Management, failing which action be taken against the Com mittee of Management presuming that they have nothing to say in rebuttal. 6. The judgment and order of the D. D. E. shows that the Committee of Management of the institution was constituted after election in the year 1990 and the signature of Sri Yogendra Nath Singh was attested after approval. It was also said that the election was held at 100clock in the institution premises on 15-10-1990 according to the notified election pro gramme. Since there was no contest, the names of the persons seeking election were duly declared as elected office bearers in the presence of Sri Hari Narain, Advocate, Election Officer of Sri Gandhi Ram Niranjan Inter College, Kajgaon, Jaunpur. Since there was no contest, the names of the persons seeking election were duly declared as elected office bearers in the presence of Sri Hari Narain, Advocate, Election Officer of Sri Gandhi Ram Niranjan Inter College, Kajgaon, Jaunpur. The D. I. O. S. by the order dated 3-9-1992 accorded permission recognising the election of the Committee of Management and attesting the signature of Sri Yogenura Nath Singh. 7. A writ petition appears to have been filed before this Court, which was disposed of by the order dated 1-10-1993. The order of this Court is quoted as under : "in these circumstances, I consider it proper that the petitioner may approach the Deputy Director of Education Varanasi raising his grievance against the permission granted by the D. I. O. S. by order dated 3-9-1993. If such an application is made by the petitioner within two weeks, the Deputy Director of Education, Varanasi shall decide the same expeditiously preferably within three weeks from the date of presentation of the order in accord ance with law. " 8. It has been observed in the judgment and order of the D. D. E. impugned in the writ petition that after the orders of the High Court in the writ petition referred to above registered notice was sent to Sri Yogendra Nath Singh to appear before him. On the first date of hearing Sri Yogendra Nath Singh failed to appear and produced a medical certificate of illness. On sub sequent dates also he failed to appear before the D. D. E. It was although pointed out that the scheme of Administration, was approved and the scheme of Administration, as amended and approved, has been quoted in the impugn ed order itself. The judgment of the D. D. E. shows that the D. D. E. found that according to the scheme of Administration the D. I. O. S. alone was competent to grant approval of permission for holding election of office bearers of the Committee of Management. The judgment of the D. D. E. shows that the D. D. E. found that according to the scheme of Administration the D. I. O. S. alone was competent to grant approval of permission for holding election of office bearers of the Committee of Management. He also found that from the records available in the office of the D. I. O. S. , the D. I. O. S, had granted permission for holding election of the Committee of Management in favour of Sri Yogendra Nath Singh, However, he found that since the election of office bearers of Committee of Management of Sri Yogendra Nath Singh was not held in accordance with the list of members of general body, as decided by the judgment and order dated 9-10-1993 of the Assistant Registrar, Firms, Societies and Chits, the election of Committee of Management of Sri Yogendra Nath Singh was not proper. Thus the D. D. E. was pleased to order that the direction of the D. I. O. S. as per the orders dated 3-9-1993 for holding the election of the office bearers of the Committee of Management is according to law and scheme of Administration. It was directed that the election of the Committee of Management be held within four months afresh out of the list of general body in accordance with bye-laws and the scheme of Administration. 9. Heard Sri R. N. Singh and A. P. Sahi, learned counsel for the petitioner in the leading writ petition and Sri D. S* M. Tripathi counsel for the contesting O. P. , who is the counsel for the petitioner in Writ Petition No. 17307 of 1994. The learned standing counsel, who has accepted notice on behalf of the D. D. E and the D. I. O, S. stated that he doss not propose to file any counter affidavit and both the writ petitions may be decided on the basis of the affidavits exchanged between the private parties. 10. The learned counsel for the petitioner in the leading writ petition Sri R. N. Singh and Sri A. P. Sahi, submitted that firstly the judgment and order of the D. D. E. is wholly unwarranted and without jurisdiction in so much so the question of validity of the election held was not open for scrutiny before him on an application by any other interested party. It was submitted that the D. D. E. had travelled beyond the scope of the order of the High Court dated 1-10-1993 which also directed for the representation to be filed by Sri Shailendra Nath Singh. It was submitted that the representation before the D. D. E. by Sri Shailendra Nath Singh itself was misconceived and incompetent. The D. D. E. , in no manner, is competent to adjudicate the validity of the election of the office bearers of the Committee of Management. The learned counsel for the petitioner submitted that once the election of the office bearers of the Committee of Management was held, paper sent to the D. I. O. S. who after prima facie satisfaction of the fact that the election was held according to law in accordance with the scheme of Administration and prima facie was satisfied that the election claimed to have been held was found, as alleged, approved the election and attested the signature of the office bearer/manager, the Chapter of election had come to an end unless it was challenged before any other competent authority according to law. The learned counsel for the petitioner submitted that once the signature was attested and office bearers approved and recognised by the O, I. O. S. , there was no scope available for the D. D. E. to reopen the chapter unlese some one claimed or set forth a rival Committee of Management claiming to be a duly elected office bearers of the Committee of Management having effective control over the affairs of the management of the Institution, then only the D. D. E. gets jurisdiction to adjudicate only to a limited question as to find out which of the rival claimants claiming to be duly elected bearers of the Committee of Management, is to actual effective control over the affairs of the Committee of Management and the Institution, as contemplated in Sec tion 16-A of the Intermediate Education Act. The learned counsel for the petitioner in the leading petition submitted that Sri Shailendra Nath Singh could not legally be permitted to file objection or challenge the validity of the election held in the year 1990 after lapse of four years. The learned counsel for the petitioner in the leading petition submitted that Sri Shailendra Nath Singh could not legally be permitted to file objection or challenge the validity of the election held in the year 1990 after lapse of four years. He also pointed out that Sri Shailendra Nath Singh, who has not claimed to be elected office bearer in an election held simultaneously, claimed himself to be in effective control over the administration and affairs of the Committee of Management of the Institution. The plain and simple interpretation of his application objection to the D. D. E. shows that he had challenged the election of the office bearers of the petitioner of the leading petition on the ground that it was never conducted according to the scheme of Administration, the society was not renewed for the last 46 years and the so-called election was not held out of the list of members of the general body as found by the Assistant Registrar, Firms, Societies and Chits. 11 The learned counsel for the respondent Sri Shailendra Nath Singh, who is the petitioner in Writ Petition No. 17307 of 1994 through Sri D. S. M. Tripathi, Advocate submitted oral arguments and written arguments have alto been submitted by the parties. 12. Sri D. S. M. Tripathi pointed out that the institution is a recognis ed Intermediate College. The scheme of Administration was, approved after amendment by the Act I of 1991 and he referred to the Original Scheme para 2 (8), which named the society as Lok Sewa Samiti, Kajgaon. The learned counsel submitted that the election should have been conducted according to the scheme of Administration only. He submitted that the so-called election held on 15-10-1990 was wholly illegal as the committee had become defunct on the said date after expiry of its tenure. Any action taken for holding election in contravention of the scheme of Administration was null and void. 13. Sri D. S. M. Tripathi submitted that the election of the office bearers of the Committee of Management could only have been done out of the general body of valid members of the society and the Assistant Registrar, Firms, Societies and Chits, Varanasi found a list of general body of the institu tions society. 13. Sri D. S. M. Tripathi submitted that the election of the office bearers of the Committee of Management could only have been done out of the general body of valid members of the society and the Assistant Registrar, Firms, Societies and Chits, Varanasi found a list of general body of the institu tions society. The so-called election held OE 9-10-1993 in which the petitioner of the leading petition is said to have been elected was never elected out of the general body approved and found correct by the Assistant Registrar, Firms. Societies and Chits. Thus the submission of Sri Tripathi is that the term of the Committee of Management has come to an end as early as in 1981 and any election held thereafter by any person for constituting the Committee of Management would be wholly without jurisdiction. 14. Sri D. S. M. Tripathi submitted that the order/judgment of the D. D. E. impugned in the writ petition is in compliance of the orders passed by the High Court. The petitioner of the leading writ petition was given due opportunity of appearance before the D. D. E, but he had not appeared in spite notice to produce the relevant papers of his election and justify the election dated 15-10-1990 and 9-10-1990 and also submitted that there was no material to show that the Committee of Management of the petitioner of the leading writ petition was approved. 15. Counsel for the petitioner submitted the following cases : (1) 1992 High Court Views Daily Vol. 2 page 72 ; (2) 1988 UPLBECJ Vol. 1, page 267, Bajaj Shiksha Parishad and others v. D. D. E. and others ; (3) 1992 UPLBECJ Vol. 1 page 337, Harminder Pal Singh & another v. Vice Chairman, A. D. A. Allahabad and another; (4) 1993 UPLBECJ Vol. 1 page 530, Amar Singh and another v. Slate and another ; (5) 1988 UPLBECJ page 732. 16. The learned counsel pointed put that in the above decisions it has been said by this Court that while deciding the case under Section 16-A (7) of the Intermediate Education Act the D. D. E. mainly confines to decide the effective control of the paralied/rival Committee of Management and it cannot curtail the term of the Committee of Management. 16. The learned counsel pointed put that in the above decisions it has been said by this Court that while deciding the case under Section 16-A (7) of the Intermediate Education Act the D. D. E. mainly confines to decide the effective control of the paralied/rival Committee of Management and it cannot curtail the term of the Committee of Management. It also held that the jurisdiction of the Assistant Registrar, Firms, Societies and Chits while dealing with and disposing of the matters relating to the society is distinct and separate than the powers to be exercised by the D. D. E. when deciding a question in respect of the Committee of Management in dispute under Sec tion 16-A (7 ). 17. Sri D. S. M. Tripathi also does not say that the D. D. E. was deciding the dispute about parallel committee or rival committee between the rival claimants. He also submitted that the claim advanced by Abbas Ahmad and Devendra Nath Singh, who had alleged and put up a case before the D. 1. O. S. to be elected office bearers of the Committee of Management was pending before the D. I. O. S. when the order dated 14-10-1993 was passed by the D. I. O. S. attesting and approving the signature of the petitioner of the leading case. He submits that in fact on the date when the application before the D. D. E. was moved by the petitioner of the other writ petition there was a dispute between the rival claimants. As such the order of the D. D. E. so far directing to hold fresh election through the petitioner of the leading writ petition cannot be sustained but Sri D. S. M. Tripathi submits that since no election was held at all in accordance with the scheme of Administration the D. D. Es order was perfectly valid for holding fresh election. He submitted that it should be done through the authorised con troller, who may be directed to do so. Sri D. S. M. Tripathi referred to deci sions reported in 1989 AWC 23, Sri Gandhi Inter College, Chhur, Meerut and others v. Dy. Director of Education 1st Region, Meerut and others, 1988 Vol. He submitted that it should be done through the authorised con troller, who may be directed to do so. Sri D. S. M. Tripathi referred to deci sions reported in 1989 AWC 23, Sri Gandhi Inter College, Chhur, Meerut and others v. Dy. Director of Education 1st Region, Meerut and others, 1988 Vol. 1 UPLBEC page 402, Committee of Management, Bhaktvatsal Inter College, Bichhwa, Mainpuri and others v. Regional Deputy Director of Education, Agra and others ; 1982 UPLBEC 38, Committee of Management, Janta Inter College, Thekna Bijauli, Azamgarh v. Deputy Director of Education, VII Region, Gorakhpur ; 1989 Vol. I UPLBEC 650, Committee of Management, Sri Swami Krishna Inter College, Belwar, Jaunpur v. District Inspector of Schools, Jaunpur and others (D. B. ). These authorities have been pointed out for the proposition of law that where the question of effective control is to be decided, the decision about the validity of election also comes into play and the D. D. E, will decide the validity of the election also in such situation. The proposition of law is well settled. The learned counsel in his written arguments referred to a judgment in Civil Misc. Writ Petition No. 4623 of 1984 decided on 15-3-1984, mentioning therein that the decision of the Pull Bench reported in AIR 1962 Alld. 43 was considered and the above proposi tion of law was reiterated. The said Division Bench judgment was neither brought to the notice of the Court nor copy filed. However, this would not detain the Court in further proceeding to decide the case. 18. The learned counsel for the petitioner in the other writ petition built up another argument that the election claimed to have baa a conducted by the petitioner of the leading writ petition was bad in law and wholly ineffective as the term of the Committee of Management had come to an and. The defunct Committee of Management was wholly incompetent to held the election for constituting another Committee of Management according to the scheme of Administration and according to law. He relied on the decision reported in 1987 UPLBEC Vol. II page 977, Dr. Shailendra Kumar Sachan v. District Inspector of Schools, Hamirpur and others ; 1991 Vol. I UPLBBC 646, Committee of Management, Sri Krishna Inter College, Niwari, Ghaziabad v District Inspector of Schools and others ; 1991 Vol. He relied on the decision reported in 1987 UPLBEC Vol. II page 977, Dr. Shailendra Kumar Sachan v. District Inspector of Schools, Hamirpur and others ; 1991 Vol. I UPLBBC 646, Committee of Management, Sri Krishna Inter College, Niwari, Ghaziabad v District Inspector of Schools and others ; 1991 Vol. II UPLBEC 1327, Committee of Management, Rashtriya Inter College, Ray a. District Mathura and others v. District Inspector of Schools, Mathura and others, 1989 AWC 23, Committee of Management, Sri Gandhi Inter College, Ghhur, Meerut and others v. Deputy Director of Education, 1st Region, Meerut and others ; 1986 Vol. I UPLBEC 793, Managing Committee, Raja Mahendra Pratap Vidyalaya, Gurkul Narsan, Saharanpur v. District Inspector of Schools and others; 1992 ALR Vol. XIX 265 (DB), Jitendra Pal v. Committee of Management, Kanya Kalyan Gurukul Shiksha Samthan Uchchatar Madhyamik Vidyalaya, Bhaiswal, Muaaffarnagar and others ; 1993 (1) UPLBEC 355. Prithvi Pal Tiwari v. Deputy Director of Education and others ; 1993 (1) AWC 216, Surendra Nath Tiwari v. District Inspector of Schools and others ; 1994 (2 )UPLBEC 800, Brig. Hoshiyarsingh Memorial Uchchaiar Madhyamik Vidyalaya, Shamli, District Muzaffarnagar v. Deputy Director of Education, I Region Meerut and others ; approved in the case reported in 1994 (3) UPLBEC 1728 (DB ). 19. The learned counsel in the leading Writ Petition No. 17306 of 1994 relied on the decision reported in 1986 (1) UPLBBC 267 (supra), 1992 (1) UPLBBC 337 (supra), 1993 (1) UPLBECJ 539 (supra), 1988 UPLBECJ 732 (supra), wherein this Court has been pleased to hold that the D. D. E. has no jurisdiction to decide the validity of the election and the term of the Committee of Management cannot be curtailed. 20. From the facts of the present writ petitions it is now clear that the petitioner of the other Writ Petition No. 17307 of 1994 has not claimed to be a rival Committee of Management or a Committee of Management having effective control over the affairs and management of the institution. 20. From the facts of the present writ petitions it is now clear that the petitioner of the other Writ Petition No. 17307 of 1994 has not claimed to be a rival Committee of Management or a Committee of Management having effective control over the affairs and management of the institution. It is also apparent and evident from the facts of the writ petitions that the O. P. of the leading writ petition and the petitioner of the other writ petition mainly relied and pleaded that the society which was registered more than 46 years before in 1948 was never renewed and for the first time it was renewed after 46 years in the name of Shri Ram Niranjan Inter College, Kajgaon, Jaunpur and the original scheme of Administration provided the name of the society as Lok Sewa Samiti, Kajgaon. Thus it is abundantly clear from these facts alone that the petitioner of the other writ petition challenged the correctness of the renewal U the society by the Assistant Registrar, Firms, Societies and chits and also the members of the general body which is said to be the general body of the renewed society is different than the general body out of which the petitioner of the leading writ petition was said to have been elected constitut ing the Committee of Management. 21. This Court has consistently been of the view that once the D. I. O. S. is satisfied that the election has been held according to the scheme of Ad ministration and the election and its office bearers once approved and the signature of the office bearers attested, the D. I. O. S. concludes the chapter of election unless it is shown and proved that there were rival claimants to be duly elected office bearers of the Committee of Management. In such a case, where two or more rival claimants of Committee of Management and its office bearers put forth such a dispute before the D. D. E. , the D. D. B. exercising powers under Section 16-A (7) has to adjudicate only on the ques tion of effective control over the affairs of Management of the Institution and the Committee. Simultaneously the question of validity of the election of the Committee of Management may be looked into. Simultaneously the question of validity of the election of the Committee of Management may be looked into. But the prime consideration for such adjudication is to find out actual and effective control over the affairs of the management and the committee. Thus, after recognition of the Committee of Management and attestation of signature of manager, the scope for investigation and decision about the validity of the election of the Com mittee of Management is no more left either for the D. I. O. S. or the D. D. B. The perusal of the provision of the Intermediate Education Act does not show that the D. D. E. in matters of approval of election of office bearers and attestation of signature of the Manager of the Committee of Management acts as an appellate authority over the decision of the D. I. O. S. Any direction of the D. D. E. reopening the chapter of considering the manner of conducting the election once it is approved and attested by the D. L O. S. is apparently illegal. 22. It appears that in view of the observations in the order of this Court, in the writ petition by which the representation of the opposite party, petitioner of W. P. No. 17307 of 1994 was directed to be decided by the D. D. E. was not properly appreciated by the D. D, E. while passing the impugned order. The representation was to be decided by the D. D. E. in pursuance of the High Courts order. This court had not directed to reopen everything, which was once concluded by approval of the election and attesta tion of the signature of the petitioner. The term of the Committee of Manage ment was approved in 1993 for a period of next three years. It cannot be curtailed as per the case law cited above. The persons or the petitioners of Writ Petition No. 17307 of 1994, if were dissatisfied about the non renewal of the registration of the society for 46 years also, the renewal in a wrong name and election held out of the list other than that of general body approved by the Assistant Registrar, Funds, Society and Chits, the Division Bench of our Court in the case reported in 1994 (3) UPLBEC 1541, Committee of Manage ment and another v. D. 1. O. S. and others, also found that the enquiry before the D. D. E. was limited and he cannot determine the validity or otherwise of the election. That apart the D. D. E. has to conduct the enquiry in a summary manner. The decision of the D. D. E. as provided under the Act itself is subject to the decision of a court of competent jurisdiction. The Division Bench while deciding the said reported case it considered earlier a Division Bench case of this court and was pleased to rely on the case reported in 1985 UPLBEC 751, Sankata Pd. Srivastava v. D. D. E. , XIV Region, with approval of the following passage :- "while examining the question of effective control the question as to who was elected as office-bearers certainly has relevance but its examination is only incidental in the sense that the Deputy Director of Education cannot act as a substitute for the Civil Court for determining the validity or otherwise of the election but can find out as to who was prima fade entitled to be in effective control. The rationale of this enquiry is obvious because the law does not contemplate a rank outsider to meddle with the manage ment of the institution. Whether one party or the other was the validity elected committee in accordance with law is a question for ultimate decision by the appropriate civil court. The Deputy Director of Education is to exanimate this aspect only in a summary manner. " 23. In view of the facts and circumstances, narrated above, I am of the view that the judgment and order dated 18-4-1993 passed by the D. D. E,, Vth Region, Varanasi cannot be sustained and is liable to be quashed. 24. The result is that Writ Petition No. 17306 of 1994 is allowed with costs. W. P. N. 17307 of 1994 is dismissed with costs. 25. The petitioner of Writ Petition No. 17307 of 1994, if so advised, may seek legal remedy as provided before the competent civil court. Decided accordingly. .