The main legal point established is that the Regional Joint Director of Education did not have the jurisdiction to decide the dispute in accordance with the Government Order dated 19-11-2002.

( 1 ) HEARD Sri A. P. Sahi, learned Counsel for the petitioner and the learned Standing Counsel on behalf of respondents.

( 2 ) GANGA Khand Inter College, Khera Dayal Nagar, Aligarh, is an institution recognized under the U. P. Intermediate Education Act

(hereinafter referred to as the institution ). The said institution is run and managed by a Society known as Prakash Shiksha Samiti, in accordance with the approved scheme of administration. Under the scheme a detailed procedure for holding the elections of the Society has been provided. Two sets of rival Committees of Management have claimed a right to run and manage the institution, one headed by Sri Natthi Singh as manager and the other with Sri Sugadh Singh as the Manager. The dispute with regard to the aforesaid two rival Committees of Management was decided by the Regional Joint Director of education, Agra vide order dated 22-2-2002, contained in Annexure-15 to the writ petition, and the Committee of Management headed by Sri Natthi Singh as Manager was recognized. Feeling aggrieved by the aforesaid order the petitioner, Sri Sugadh Singh filed Writ Petition No. 12435 of 2002. This Court vide judgment and order dated 21-3-2002 allowed the writ petition and remanded the matter to the Regional Joint Director to decide the dispute afresh after affording opportunity of being heard to the parties. By means of order dated 3-1-2003, contained in annexure-17 to the writ petition, the Regional Joint Director of Education, Agra held the election of the Committee of Management with Sri Natthi Singh as Manager to be valid and recognized the said Committee of Management. Aggrieved by the said order the Committee of management with Sri Sugadh Singh as Manager has filed the present writ petition.

( 3 ) AT the very out set it has been contended on behalf of the petitioner that the impugned order dated 3-10-2003 passed by the Regional Joint Director of Education, Agra suffers from want of jurisdiction. It is contended that under the Government Order dated 19-11-2002 a Regional Level committee with Regional Joint Director of Education as Chairman is empowered to consider and decide such matters of recognition of Committee of Management. Therefore, the impugned order dated 3-1-2003 passed by the Regional Joint Director of Education is without jurisdiction and as such is liable to be set aside on this ground alone.

( 4 ) ON behalf of respondents it is contended that since this Court by means of order dated 21-3-2002 passed in Writ Petition No. 12435 of 2002 had remanded the matter to the Regional joint Director of Education for adjudication, it is not open to the petitioners raise the question of jurisdiction on the basis of the aforesaid Government Order dated 19-11-2002 as the said government Order does not, in any way, affect the jurisdiction of the Regional Joint Director of education to pass the impugned order.

( 5 ) I have heard learned Counsel for the parties and perused the record. The contention raised on behalf of the petitioner has force. It is admitted between the parties that by Government Order dated 19-11-2002 the State Government, conferred the powers of recognition etc, of Committee of Management upon the Regional Level Committee with the following members (i) Regional joint Director of Education as Chairman, (ii) Deputy Director of Education as Member, and (iii)District Inspector of Schools as Member, which was earlier with the District Inspector of schools only. The validity of the said Government Order dated 19-11-2002 is not under challenge. In view of the Government Order dated 19-11-2002 the Regional Joint Director of education could not have decided the dispute with regard to the rival election set up by the parties and the papers should have been placed before the Regional Level Committee.

( 6 ) SO far as the order dated 21-3-2002 passed by this Court in Writ Petition No. 12435 of 2002 is concerned it does not and cannot confer a jurisdiction upon the R