N. D. OJHA, J.-, J.

An educational institution, Shahamal Samarak Junior High School, Bijrol, Meerut, by name is duly recognised under the U. P. Intermediate Education Act (hereinafter referred to as the Act) and is being run under a scheme of administration duly approved under Section 16-A of the Act. In accordance with the scheme of administration the general body of the Society, which is running the aforesaid college, in its annual general meeting held on June 30, 1974, elected the office bearers and members of the committee of Management. The term of these office bearers and members was in view of paragraph 7 of the Scheme of administration to be three years subject to a proviso that the term of every office bearer shall be deemed to have continued till his successor is chosen. According to the petitioners Ram Kishan, respondent No. 2, who had been elected as Manager in the election held on June 30, 1974, even though the term of three years was to expire, did not take any steps to hold fresh elections. Consequently steps were taken by Maikhan Smgh, who had been elected President in the election held on June 30, 1974, for holding the annual general meeting to elect the members of the committee of management and its office bearers. The case of the petitioners further is that a meeting was held on August 7, 1977, in which new office bearers were elected. Thereafter a letter was sent to the District Inspector of Schools, respondent No. 1, intimating him about the fact that a fresh committee of management had been elected and that he may verify the signature of the new manager. We may point out that the prayer for verifying the signature was apparently a loose prayer. The intention was to request the District Inspector of Schools to recognise the new Committee of management for purposes of dealing with the affairs of the college. It appears that a dispute was, raised before the District Inspector of Schools presumably by some office bearer of the old committee of management and the District Inspector of Schools by his order dated September 7, 1977, a true copy of which has been attached as Annexure 18 to the writ petition, repelled the claim of the petitioners made in their letter aforesaid. In his order the District Inspector of Schools stated that since a dispute has arisen in regard to the validity of the election said to have taken place in the meeting dated August 7, 1977, and since he had no authority to decide the dispute which had been raised he would recognise the office bearers who had been elected in the meeting held on June 30, 1974, till the dispute was decided by a competent court or amicably. It is this order of the District Inspector of Schools which is sought to be quashed in the present writ petition. Having heard counsel for the parties we are of opinion that the impugned order cannot be sustained. It is true that neither under the U. P. Intermediate Education Act nor under any other statutory provision the District Inspector of Schools has been given the power to adjudicate upon the claims of the rival contending managing committees but it is equally clear that under the U. P. Intermediate Education Act as also under the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 the District Inspector of Schools has to deal with the committee of management of a recognised educational institution in respect of various affairs of the institution, i. e. , granting of approval as contemplated by sub-section (3) of Section 16-G of the Act and dealing with the management of such as institution under Section 5 of the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, etc. In Writ Petition No. 12725 of 1975 Committee of Management S. A. V. Inter College v. District Inspector of Schools and others (Decided on November 24, 1977.), a Division Bench of this Court held: -

" Under the U. P. Intermediate Education

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