Hon’ble Arun Tandon, J.—Heard Sri Ten Singh, Advocate on behalf of the petitioner, Sri G.K. Singh Advocate on behalf of respondent No. 5 and Standing Counsel on behalf of the State respondents.

2. Basant Vidyalay Inter College is an institution recognized under the provisions of the Intermediate Education Act. The committee of Management of the institution is constituted in accordance with an Scheme of Administration approved with reference to Section 16-A to 16-CCC of the Intermediate Education Act. A copy of the Scheme of Administration, as enforced, has been brought on record as Annexure-2 to the writ petition.

3. Petitioner Kamla Kant Agrawal claims to be the life member of the general body of the society, which has established Basant Vidyalay Inter College, Mirzapur. It has been stated that the petitioner was Manager/Mantry of the college between the year 1963 to 1975. Petitioner seeks quashing of order dated 1.5.2007, whereby the Regional Joint Director of Education has communicated the decision of the Regional Level Committee (constituted under the Government Order dated 19th December, 2000) approving the elections of the Committee of Management dated 25.2.2007 held by the Prabandh Sanchalak, wherein Sri Arun Kumar Mishra has been elected as Manager. It has further been directed that his signature be attested accordingly.

4. On behalf of the petitioner it is contended that the District Inspector of Schools in his report dated 14th March, 2007, with respect to the elections dated 25.2.2007 had stated that the membership fee of 17 life members at the rate of Rs. 2000/- per member and membership fee of three ordinary members at the rate of Rs. 300/- per member has not been deposited in any account of the institution, however, they were permitted to participate in the elections dated 25.2.2007. Petitioner himself has been excluded from the electoral college notified for the election.

5. The report so submitted by the District Inspector of Schools has been bye passed by the Regional Level Committee, only after recording that the Principal of the institution was handed over the money for deposit of the same in the accounts of the Institution and that the Principal had issued a receipt certifying that the money has been received by him. Therefore the enrollment of these 20 members has been held to be valid.

6. Counsel for the petitioner submits that unless the requisite fee towards membership is deposited in the accounts of the institution, it cannot be said that a person has been validly enrolled as a member. Therefore, he states that the order passed by the Regional Level Committee approving the elections is illegal, as unauthorized persons had participated in the elections and further that valid members like the petitioner have been excluded.

7. Sri G.K. Singh Advocate, has put in appearance on behalf of respondent No. 4 the elected Manager. He has raised a preliminary objection with regards to maintainability of the present writ petition. Sri G.K. Singh submits that petitioner at best is an individual member of the general body. Writ Petition at his behest, for questioning the approval of the elections of the Committee of Management of a recognized Intermediate College under the orders of the Joint Director of Education/Regional Level Committee, is legally not maintainable in view of the judgments of this Court reported in 2006 (2) UPLBEC 1372, 1999 (1) UPLBEC 170, 1997 (3) ESC 1807 and 1997 (1) UPLBEC 415.

8. He submits that this Court has repeatedly held that under the Intermediate Education Act dispute with regards to right to manage the institution between two rival managements alone is contemplated. Such a dispute cannot be stretched or extended to confer a right upon each individual member to question the elections, which take place. If such liberty is granted, every education authority shall remain busy in deciding petitions filed questioning the elections of the Committee of Management, inasmuch as every defeated