Neutral Citation No. - 2025:AHC:18896 Court No. - 32 Case :- WRIT - C No. - 16013 of 2024 Petitioner :- Committee Of Management Victoria Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla,Ram Prakash Upadhyay Counsel for Respondent :- C.S.C.,Nitinjay Pandey Hon'ble Saral Srivastava,J. Order on order-sheet Counsel for the petitioners is permitted to implead the Regional Level Committee, Agra Region, Agra in the array of parties as respondent no.6 during course of the day. Order on Petition 1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Prashant Shukla, learned counsel for the petitioners, Sri Ashok Khare, learned Senior Counsel assisted by Sri Nitinjay Pandey, learned counsel for respondent no.4, learned Standing Counsel for the State-respondents and perused the records. 2. The petitioners by means of the present writ petition have assailed the order dated 29.01.2024 passed by the District Inspector of Schools, Agra (respondent no.3) by which the election of the petitioners' Committee of Management held on 29.03.2020 was set aside, and the order dated 10.03.2024 passed by the District Inspector of Schools, by which the District Inspector of Schools has attested the signatures of respondent no.4 as Manager of Victoria Inter College, Ghatiya Azam Khan, Agra. 3. It appears that the last election of the Committee of Management of the college namely Victoria Inter College, Ghatiya Azam Khan, Agra was held on 29.03.2020, in which petitioner no.2 was elected as Manager of the Committee of the Management. The signatures of petitioner no.2 was attested by the District Inspector of Schools by order dated 25.06.2020. It seems that a complaint was filed against the election of petitioner no.2 by respondent no.4 on 25.02.2022 before the District Magistrate. The District Magistrate acting on the said complaint referred the matter to the Joint Director of Education, Secondary, Agra Region, Agra (respondent no.2). Respondent no.2, thereafter, referred the matter to the District Inspector of Schools (respondent no.3) who after hearing the parties again referred the matter to respondent no.2 on 30.06.2023. 4. It is informed that while the matter was pending before the Regional Level Committee, the District Inspector of Schools passed an order dated 29.01.2024, by which he set aside the election of the petitioners and passed an order dated 10.03.2024 attesting the signatures of respondent no.4. 5. Challenging the aforesaid orders, the counsel for the petitioners contends that once the election of the petitioners has been approved by the District Inspector of Schools by order dated 25.06.2020, the District Inspector of Schools has no jurisdiction to pass the order dated 29.01.2024, inasmuch as he has no power to review its earlier order dated 25.06.2020. It is further contended that even otherwise, since the matter with regard to validity of election of petitioners was pending before the Regional Level Committee, Agra Region, Agra, therefore, the District Inspector of Schools, had no jurisdiction to enter into the validity of the election of the petitioners, therefore, the order dated 29.01.2024 is without jurisdiction and recognition of the subsequent election of respondent no.4 by the District Inspector of Schools by order dated 10.03.2024 is also without jurisdiction considering the fact that the term of the Committee of Management is 5 years, which is going to expire in March, 2025. 6. Sri Ashok Khare, learned Senior Counsel, appearing for the respondents, could not dispute the aforesaid legal propositions advanced by counsel for the petitioners. He further submits that the District Inspector of Schools has given elaborate reasons and it is evident from the reasons recorded by the District Inspector of Schools in its order dated 29.01.2024 rejecting the election of the petitioners that the election of the petitioners was not held in accordance with the Scheme of the Administration and, therefore, there is no illegality in the order. However, he submits that the matter may be disposed of, at this stage. 7. It is evident from the record that the petitioners' Committee of Management was elected on 29.03.2020 and the election of the petitioners' Committee of Management was recognized by the District Inspector of Schools by order dated 25.06.2020. A complaint has been raised by respondent no.4 after about one year i.e. on 25.02.2022 from the date of election of the petitioners' Committee of Management before the District Magistrate, who referred the matter to the Joint Director of Education (respondent no.2). Respondent no.2 thereafter referred the matter to respondent no.3, who again referred the matter to the Regional Level Committee considering the fact that there is a dispute with regard to the election of the petitioners' Committee of Management. 8. Once the District Inspector of Schools referred the matter to the Regional Level Committee, he became functus officio and he has no jurisdiction to recall his earlier order dated 25.06.2020 attesting the signatures of the petitioners. 9. Since there is no dispute with the aforesaid legal propositions, therefore, in such circumstances, Sri Ashok Khare, on instructions of Sri Nitinjay Pandey, submits that the respondents have no objection if the impugned orders are set aside and the matter is remitted to the Regional Level Committee to decide the same within a time bound period. 10. In view of the aforesaid submissions advanced Sri Ashok Khare, the impugned orders dated 29.01.2024 and 10.03.2024 passed by the District Inspector of Schools, Agra (respondent no.3) are, hereby set aside. 11. The Regional Level Committee, Agra Region, Agra (respondent no.6) is directed to decide the dispute pending as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, in accordance with law, after giving due notice and opportunity of hearing to all the concerned parties. 12. The petition is allowed in terms of the aforesaid orders. Order Date :- 10.2.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad