JUDGMENT Hon’ble Rajes Kumar, J.—Heard Sri N.L. Pandey, learned Counsel for the petitioner and Sri Ravi Ranjan, learned Standing Counsel. 2. Despite the service of notice upon the respondent No. 4, no one appears. 3. By means of the present writ petition, petitioner is challenging the order of Regional Level Committee dated 6-5-2006, by which a direction has been issued that in future election only 64 new members will be permitted to participate and no new members will be permitted to participate. 4. According to learned Counsel for the petitioner the aforesaid direction of the Regional Level Committee is wholly illegal and without jurisdiction. 5. Learned Counsel for the petitioner submitted that the election was held on 18-9-2005 wherein the committee of management headed by the petitioner was elected. In the said election, 64 members were not permitted to participate and they in fact not participated. Before the Regional Level Committee the issue involved was only the recognition of the election held on 18-9-2005 and the newly constituted committee of management. There was no issue as to whether the membership of 64 members were valid and whether they may be permitted to participate in future election, still the Regional Level Committee has gone into this issue and has directed that the 64 members may be permitted to participate in the future election. He submitted that under the scheme of administration, induction of new members are permissible and, therefore, the direction of the Regional Level Committee restraining the participation of the new members in the future election, is not in accordance to scheme of administration and therefore, not justified. He submitted that the issue of the membership of 72 members, which includes 64 members has already been settled by this Court vide order dated 16-5-2006 passed in Writ Petition No. 39158 of 2005, Committee of Management, National Inter College and another v. State of U.P. and others. Thus, it was not open to the Regional Level Committee to adjudicate the issue with regard to the membership of 72 members. 6. Learned Standing Counsel relied upon the order of the Regional Level Committee. 7. I have gone through the record of the writ petition, its annexures and the supplementary affidavit. 8. It appears that 72 members were enrolled by the committee of management between 1-4-2001 to 25-5-2002. 6. Learned Standing Counsel relied upon the order of the Regional Level Committee. 7. I have gone through the record of the writ petition, its annexures and the supplementary affidavit. 8. It appears that 72 members were enrolled by the committee of management between 1-4-2001 to 25-5-2002. The question of their being a valid member and their participation in the election came up for consideration before this Court in Writ Petition No. 21897 of 2004, Committee of Management, National Inter College and another v. Joint Director of Education and others. This Court vide order dated 30-11-2004 decided the writ petition and observed as follows : “In the totality of the circumstances as noticed above, in the opinion of the Court, it was necessary for the Regional Level Committee to have afforded opportunity of hearing to the petitioner and in absence thereto, the impugned order passed by the Regional Level Committee cannot be legally sustained. The order dated 20th May, 2004 is hereby quashed, having been passed in violation of the principles of natural justice. The matter is remanded to Regional Level Committee to decide the dispute afresh after affording opportunity of hearing to the parties and after permitting exchange of documents. The Regional Level Committee shall also decide the issue as to whether 74 new members enrolled by the Committee of Management between 1st April, 2001 to 25th May, 2002 were entitled to participate in the elections of the Committee of Management or not irrespective of the orders passed by the District Inspector of Schools dated 16th January, 2004 and 9th February, 2004, which were subject matter of challenge in writ petition No. 6971 of 2004, which has been disposed of by this Court today. If the Regional Level Committee comes to a conclusion that the elections dated 23-3-2004 have not been held in accordance with the scheme of administration, it shall appoint a Prabandh Sanchalak under Clause 8 of the scheme of administration for fresh elections of the Committee of Management of the institution strictly in accordance with the approved scheme of administration. In view of the aforesaid, writ petition is partly allowed." 9. In pursuance of the aforesaid order, Regional Level Committee passed the order dated 19-4-2005. Regional Level Committee in the said order held that the election held on 23-3-2004 was not in accordance to the scheme of administration, and, therefore, recommendation has been refused. In view of the aforesaid, writ petition is partly allowed." 9. In pursuance of the aforesaid order, Regional Level Committee passed the order dated 19-4-2005. Regional Level Committee in the said order held that the election held on 23-3-2004 was not in accordance to the scheme of administration, and, therefore, recommendation has been refused. It has been further held that the induction of 72 members were not in accordance to the Rule. Further direction was issued for holding fresh election. Order of the Regional Level Committee dated 19-4-2005 has been challenged in Writ Petition No. 39158 of 2005, Committee of Management, National Inter College and another v. State of U.P. and others. The aforesaid writ petition has been dismissed vide order dated 16-5-2005. In the aforesaid order, this Court held as follows : “In such circumstances this Court is not inclined to interfere with the findings recorded by the Regional Level Committee in so far as it holds that the elections dated 23-3-2004 are illegal, including the induction of 72 new members. The Regional Level Committee has, therefore, rightly directed that fresh elections should be held after excluding 72 members, in a time bound manner.” 10. Against the aforesaid order dated 16-5-2005, Special Appeal No. (462) of 2005 was filed, which has been disposed of vide order dated 3-8-2005. Division Bench of this Court held as follows : “Our attention has been drawn by the respondents in the appeal to an advertisement issued by the Prabandh Sanchalak whereby objections to eligibility of members entitled to vote has been invited. Notwithstanding with the dismissal of the writ application the 72 members and specially 26 of them whose membership was rejected on account of a single day gap in the tendering of bank draft by them after their acceptance of membership will be entitled to put forward their case again before the Prabandh Sanchalak, who will be entitled but not compelled to take a different decision from that taken by the Regional Level Committee after recording the reasons therefor.” 11. Thereafter, vide order dated 6-9-2005 the authorised controller held that the 72 new members have not been made in accordance to the provisions of scheme of administration and their recommendation as members has been rejected. In pursuance thereof in the fresh election held on 18-9-2005, the alleged 72 members have not been permitted to participate. Thereafter, vide order dated 6-9-2005 the authorised controller held that the 72 new members have not been made in accordance to the provisions of scheme of administration and their recommendation as members has been rejected. In pursuance thereof in the fresh election held on 18-9-2005, the alleged 72 members have not been permitted to participate. After the said election, the case of the petitioner committee of management relating to the recognition of the said committee has been referred to the Regional Level Committee. Regional Level Committee vide impugned order dated 6-5-2006 has recognised/approved the election held on 18-9-2005. 12. In view of the above, since the issue relating to the validity of membership of 72 members have already been adjudicated upon by the authorised controller and their memberships have been held invalid and the issue with regard to the 72 members was not subject matter for consideration before the Regional Level Committee, in my view, it was not open to the Regional Level Committee to adjudicate the issue. Moreover, admittedly 64 members, out of 72 members were not permitted to participate in the election held on 18-9-2005 on the ground that they were not validly made member as per the provisions of scheme of administration, then how they can be treated as valid members for the purpose of future election. 13. In view of the forgoing discussions, the direction of the Regional Level Committee that 64 members are entitled to participate in the future election is set aside. 14. Further when the scheme of administration provides for the induction of new members, observations of the Regional Level Committee that the new members will not be permitted to participate in the future election, is also unjustified. If new members will be made in accordance to the provisions of scheme of administration they will be entitled to participate in the election. I do not see any reason to issue such direction restraining the valid members, who will be inducted as per the scheme of administration to participate in the future election. 15. In this view of the matter, the direction of the Regional Level Committee in the order that the new members will not be permitted to participate in the future election is also set aside. 16. In view of the above, writ petition is allowed. Part of the impugned order of the Regional Level Committee as stated above is set aside. In this view of the matter, the direction of the Regional Level Committee in the order that the new members will not be permitted to participate in the future election is also set aside. 16. In view of the above, writ petition is allowed. Part of the impugned order of the Regional Level Committee as stated above is set aside. There shall be no order as to costs. ————