DINESH GUPTAversusCOMMITTEE OF MANAGEMENT, ADARSH INTER COLLEGE AND 7 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                        SPECIAL APPEAL No. - 1046 of 2026

Dinesh Gupta
                                                             .....Appellant(s)
                                     Versus

Committee of Management, Adarsh Inter College
and 7 others                                                .....Respondent(s)

Counsel for Appellant(s)          : Jitendra Nath Singh, Sarvesh Kumar
                                    Singh
Counsel for Respondent(s)         : Vijeta Singh

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.
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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.
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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.
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                                    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.



                                                                (Kshitij Shailendra, J) (Arun Bhansali, CJ)
                                    September 11, 2026
                                    Sazia




Digitally signed by :-
SAZIA AQUIL
High Court of Judicature at Allahabad