Allahabad High Court

COMMITTEE OF MANAGEMENT NEHRU VIDAYAPEETH INTER COLLEGE AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided: 4 May 2026
Bench: SIDDHARTH NANDAN

Holding

The Court modified the order dated 10 April 2026, directing the District Inspector of Schools, Azamgarh, to conduct the elections within two months, thereby rejecting the Joint Director’s overreach.

Summary

The Committee of Management of Nehru Vidyapeeth Inter College filed a writ petition seeking to quash the order dated 10 April 2026 issued by the Joint Director of Education, Varanasi, which declared past elections illegal and appointed a principal to conduct fresh elections. The petitioners argued that the Joint Director exceeded his jurisdiction, interfered with the conversion of the institution from a society to a trust, and that the order violated procedural safeguards under the U.P. Intermediate Education Act, 1921. The respondents contended that once the election process had commenced, the court should not interfere and that any dispute could be raised under Section 16(a)(7) of the Act. Relying on the Supreme Court’s decision in Shaji K. Joseph v. V. Viswanath, the court examined the scope of judicial intervention in school elections. The High Court modified the impugned order, directing the District Inspector of Schools (Azamgarh) to hold the elections within two months, allowing the use of the 2009 electoral list, and providing for police protection if needed. No further relief was sought, and the petition was disposed of with the directions.

Issues considered

Whether the order dated 10 April 2026 passed by the Joint Director of Education is ultra vires and liable to be quashed.
Whether the Joint Director had authority to declare past elections illegal and to appoint a principal for fresh elections.
Whether the petitioners can raise election disputes under Section 16(a)(7) of the U.P. Intermediate Education Act, 1921.
Whether the conversion of the institution from a society to a trust falls within the jurisdiction of the Joint Director.

Legislation cited

U.P. Intermediate Education Act, 1921 — s. 16(a)(7)

Subjects

school elections
management committee
conversion of society to trust
administrative jurisdiction
U.P. Intermediate Education Act
writ petition
quashing order
district inspector of schools

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17384 of 2026

Committee Of Management Nehru Vidayapeeth
Inter College And Another .....Petitioner(s)
Versus

State Of U.P. And 5 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashutosh Dwivedi, Suresh Chandra
Dwivedi, Vinay Kumar
Counsel for Respondent(s) : C.S.C., Ramesh Chandra Dwivedi

Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Suresh Chandra Dwivedi, learned counsel for the petitioner
and Shri Ramesh Chandra Dwivedi, learned counsel for the respondent
no.6.

2. Learned Standing Counsel has accepted notice on behalf of respondent
nos.1 to 5.

3. By the consent of parties, and in view of the order proposed to be
passed, the present writ petition is being finally decided at the admission
stage itself.

4. The present writ petition has been filed seeking quashing of the order
dated 10.04.2026 and 09.12.2025 passed by Joint Director of Education,
Varanasi Region, Varanasi. The perusal of the order dated 09.12.2025
indicates that order dated 01.11.2025, by way of which the Scheme of
Administration was approved, was kept in abeyance pending the inquiry
and the District Inspector of Schools (D.I.O.S.) was also required to
participate in the inquiry. The order dated 09.12.2025 was assailed before
this Court by way of filing Writ-C No. 312 of 2026, in which initially an
interim order was granted. However, subsequently vide order dated
25.02.2026, the same was disposed off, reserving a liberty for the
petitioners to participate in the inquiry. Subsequently, the order dated
10.04.2026 has been passed, which has now been assailed by the
petitioner in the present writ petition.
WRIC No. 17384 of 2026
2

5. Learned counsel for the respondents has submitted that after due
opportunity, the impugned order dated 10.04.2026 has been passed, and
now the elections have been notified. They have relied upon a judgment
of the Hon'ble Apex Court in the case of Shaji K. Joseph Vs. V.
Viswanath And Others decided on 22.02.2016, reported in (2016) 4
Supreme Court Cases 429, to contend that once the election process has
started, normally the court should not interfere in the proceedings and
adequate opportunity is available to the petitioner by raising dispute under
Section 16 (a) (7) of the U.P. Intermediate Education Act, 1921.

6. In response, learned counsel for the petitioner has submitted that the
private respondents are rank outsiders and they have been interfering in
the running of the institution in question and now, by way of the
impugned order dated 10.04.2026, in case they are allowed to participate
in the election, then irreparable loss shall be caused to the institute in
question.

7. As far as the conversion of the "society" into a "trust" is concerned, the
Government Order dated 15.06.2016 provides for the same; but however
inspite of the fact that the Scheme of Administration was duly approved
on 01.11.2025, the Joint Director of Education has interfered in the same.
While doing so, he has not only determined the lis with respect to the
conversion of the "society" into a "trust", in pursuance of the Government
Order dated 15.06.2025, but has also held that all the elections since 2009
up to 2022 are illegal; and consequentially, held the order dated
01.11.2025 as bad in law. After holding the aforesaid, the Joint Director
of Education has proceeded to appoint the Principal of Rajkiya City
Intermediate College, Ghazipur for holding fresh elections of Nehru
Vidyapeeth Inter College, Reotipur, Ghazipur, within a period of three
months.

8. Learned counsel for the petitioner has further raised an objection that in
case there was a dispute with respect to the election, it was incumbent
upon the Joint Director of Education, Varanasi Region, Varanasi to refer
the matter to the Regional Level Committee, as per the Government Order
dated 19.12.2000, and by himself determining the dispute of the elections,
he has deprived the petitioner from an opportunity, in pursuance of the
WRIC No. 17384 of 2026
3

order dated 19.12.2000. He ought to have confined himself to the extent
of approval to the amended Scheme of Administration of the institution,
as directed by this court vide order dated 09.12.2018 passed in Writ-C
No. 31013 of 2018; and further as per the order dated 12.09.2018 passed
in Special Appeal (Defective) No. 750 of 2018, wherein the Joint Director
of Education was required to give opportunity of hearing to all the parties.

9. He has further argued that as far as the decision with respect to
recognition to the Committee of Management of the institution namely
Nehru Vidyapeeth Inter College, Reotipur, Ghazipur was concerned, it
was in the domain of the D.I.O.S. This Court, vide its order dated
22.02.2023 passed in Writ-C No. 4036 of 2023, had disposed of the said
writ petition with the consent of the parties, directing the D.I.O.S.,
Ghazipur to take a decision in the matter, strictly in accordance with law,
expeditiously, preferably within a period of four weeks from the date of
presentation of a certified copy of the order, in pursuance of which, vide
order dated 06.06.2023, the representation of the petitioner was rejected;
and against the same, the Writ Petition No. 37100 of 2023 (C/M Nehru
Vidyapeeth Inter College, Reotipur, Ghazipur Vs. State of U.P. and
Another) was filed; and as per the finding in the impugned order, the
same has been dismissed for want of prosecution. It is also noteworthy
that the Writ-C No. 19276 of 2016 has also been dismissed vide order
dated 18.08.2023.

10. At this juncture, the learned counsel for the petitioner has submitted
that he has no objection in case, elections are held by any District
Inspector of Schools, who is not within the Varanasi Region, as they do
not have any faith in the Joint Director of Education, Varanasi Region,
Varanasi, to which learned counsel for the respondents and the learned
Standing Counsel have no objection, since the distance between Ghazipur
and Azamgarh is about 87 Kms, there will be no practical/administrative
difficulty; and once and for all quietus, shall be given to the longstanding
dispute.

11. In view of the aforesaid, the present writ petition is being disposed off
with the following directions:
WRIC No. 17384 of 2026
4

(i) The Respondent No.2- Director of Education, Madhyamik Shiksha
Parishad, Allahabad/Prayagraj, is directed to ensure that the D.I.O.S.
District- Azamgarh, proceeds to hold the elections of Nehru Vidyapeeth
Intermediate College, Reotipur, Ghazipur, within a period of two months
from the date of service of a certified copy of this order.

(ii) In case required, it shall be open for the D.I.O.S., Azamgarh to seek
the help of Administration and on such a request, the State Administration
shall be obliged to provide necessary police protection etc., for the
purposes of holding the elections.

(iii) Since, both the parties have agreed to the electoral college, which was
undisputed, at the time of the election, said to have been held in the year
2009; the D.I.O.S., Azamgarh, may take the said list into consideration,
while determining the electoral list; and proceed to hold the elections, as
per the Scheme of Administration, of the Institution in question.

(iv). The elections shall be held within the premises of "Rajkiya City Inter
College, Ghazipur", as agreed between the parties, and to which the
learned Standing Counsel has no objection.

(v) The order dated 10.04.2026, stands modified, to the extent of the
directions, given herein above.

12. As no further relief has been pressed, accordingly, with the aforesaid
observations and directions, the present writ petition is disposed off.

(Siddharth Nandan,J.)
May 5, 2026
Sumit K.

Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad

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