HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1046 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Jitendra Nath Singh, learned counsel for the appellant, learned Standing Counsel for respondents no. 4 to 7 and Ms. Vijeta Singh, learned counsel for respondents no. 1 to 3. 2. This intra-court appeal is directed against order dated 29.07.2026 whereby the learned Single Judge has allowed Writ-C No. 24010 of 2026 filed by respondents no. 1 to 3, setting aside the order dated 29.05.2026 passed by the Regional Level Committee, Aligarh Region, Aligarh (in short 'R.L.C.') and all proceedings undertaken pursuant to the said order, however leaving it open to the Competent Authority, duly constituted in terms of applicable statutory provisions, to re-consider the dispute afresh strictly in accordance with law and the scheme of administration, after affording due opportunity of hearing to all concerned parties. 3. The dispute raised in the writ petition was in relation to the elections of respondent-Committee of Management. Admittedly, the last elections of the Committee were held on 22.11.2020 and its term being five years, subsequent elections that were recognized by the District Inspector of Schools ('D.I.O.S.') in January, 2026 were held on 21.12.2025. The R.L.C. disapproved the elections dated 21.12.2025 and appointed an Authorized Controller with a direction to him to get conducted fresh elections of the Committee of Management within a period of one month. Versus Counsel for Appellant(s) : Jitendra Nath Singh, Sarvesh Kumar Singh Counsel for Respondent(s) : Vijeta Singh Dinesh Gupta .....Appellant(s) Committee of Management, Adarsh Inter College and 7 others .....Respondent(s) 4. When the matter came up before the writ Court, learned Single Judge, after thoroughly considering the proceedings giving rise to the challenge to the order dated 29.05.2026, found that only one member of R.L.C. subscribed to the decision in two different capacities which procedure was wholly impermissible in law and undermined the sanctity and legality of the decision making process. Learned Single Judge further observed that the constitution of a statutory or administrative committee must strictly conform to the governing provision and any deviation affecting its composition or the manner in which its decision is rendered, vitiates the decision itself. On merits also, learned Single Judge, having found the order of R.L.C. not adequately dealing with the material relied upon by the writ petitioners, particularly the proceedings of the elections, report of the election officer and the order dated 05.01.2026 passed by the D.I.O.S., set aside the same and also consequential actions, leaving reconsideration of the matter open, as already indicated herein-before. 5. Learned counsel for the appellant has made submissions that a substantial question of law being involved in the matter, learned Single Judge should have decided the said question on his own and should not have relegated the matter to the competent authority. Submission has been made that, admittedly, the term of the elected committee having expired on 21.11.2025, elections, if any, could be held by the outgoing committee before 21.11.2025 and, therefore, elections held on 21.12.2025, i.e., one month after the expiry of the term of the Committee of Management, were invalid. Certain proceedings held on 16.11.2025, 01.12.2025, 21.12.2025 and 05.01.2026 were also referred to and submission was made that though 16.11.2025 was fixed for elections, the process could not be completed on account of election officer having left the venue and hence the elections were not complete as per law and subsequent holding of elections on 21.12.2025 was ex facie illegal. 6. In support of his submissions, reliance has been placed on Smt. Kamlesh vs. Mukhya Nirwachan Ayukt and others: 2006(2) AWC 1720, C/M Maharana Pratap Vidyalaya Prabandh Samiti and another vs. State of U.P. and others : Special Appeal No. 1714 of 2013 decided on 08.11.2013 and Ratan Kumar Solanki vs. State of U.P. and others : Special Appeal No. 67 of 2009 decided on 16.11.2009. SPLA No. 1046 of 2026 2 7. Learned Standing Counsel submits that since learned Single Judge has left reconsideration of the matter open, no prejudice would be caused to the appellant and, therefore, no interference is warranted in the order passed by the learned Single Judge. 8. Learned counsel for private respondents has made submissions that since quorum of R.L.C. was not complete on account of one officer having signed the order in dual capacity, i.e., one in the capacity of Joint Director of Education and the other in the capacity of Regional Deputy Director of Education, the order dated 29.05.2026 becomes invalid and, therefore, learned Single Judge has rightly set aside the same. Reliance has been placed on a judgment dated 10.04.2026 passed by a learned Single Judge of this Court in Writ-C No. 1656 of 2026 (Committee of Management Janta Janardan Shiksha Sadan Inter College Tilaon and another vs. State of U.P. and others). Submissions on merits of the election proceedings have also been made so as to support the same. 9. We have considered the submissions made and have perused the material available on record. 10. A bare perusal of the order passed by the learned Single Judge would reveal that the basis for setting aside the order passed by R.L.C. is that only one member thereof had subscribed to the decision in two different capacities, which was impermissible. We also find from perusal of the order dated 29.05.2026 that one Manoj Kumar Giri had signed the said order in dual capacity, i.e., one in the capacity of Joint Director of Education, Aligarh Region, Aligarh and the other in the capacity of Regional Deputy Director of Education (Secondary), Aligarh. We, therefore, find that the reasoning assigned by the learned Single Judge is in conformity with the decision of a learned Single Judge passed in Writ- C No. 1656 of 2026, wherein, after considering the Government Order dated 19.12.2000 providing constitution of R.L.C. and dealing with the issue in great detail with supporting judgments, identical order passed by R.L.C., wherein one officer had signed in dual capacity, was set aside and directions were issued to the Joint Director of Education to seek nomination from State Government so as to make the quorum of R.L.C. complete. SPLA No. 1046 of 2026 3 11. Once we are satisfied that the order of R.L.C. was liable to be set aside on the above ground alone and learned Single Judge has already left the matter open to be re-considered by a duly constituted competent authority, we need not go into the merits of election proceedings or other associated aspects, otherwise our observations would cause prejudice to the case of either of the parties. 12. In view of above discussion, we are not inclined to interfere with the order passed by the learned Single Judge, which is a well considered order. 13. The appeal has no substance; the same is, therefore, dismissed. September 11, 2026 Sazia SPLA No. 1046 of 2026 4 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad