Hon’ble Mrs. Sunita Agarwal, J.—Heard learned counsel for the parties.

2. The present petition is directed against the order passed by the prescribed authority, Dibai, Bulandshahar on 18.9.2017 whereby the application moved by the petitioner raising dispute regarding maintainability of the reference had been rejected. The reference made by the Deputy Registrar vide communication dated 29.7.2016 is also under challenge.

3. The facts in brief relevant to be noted here are that the Society namely Kanya Pathshala Association Dibai is running an intermediate institution in the name and style of Sri Krish Jaju Kanya Inter College, Dibai, Bulandshahar. It was registered on 12.8.1929 and the last registration was renewed for a period of 5 years w.e.f 10.10.2015. The said institution is recognized by the Madhyamik Shiksha Parishad, U.P. Allahabad and is receiving grant in aid from the State Government. It is amenable to the provisions of U.P. Intermediate Education Act 1921 (in short Act’ 1921) as also the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act’ 1971 (in short Act’ 1971). The Scheme of Administration of the petitioner’s society for running the institution has been approved by the Deputy Director of Education, Meerut Region Meerut.

4. At the outset, it is noteworthy that there is one elected committee of management which is managing the society and the institution both. The elections of committee of management are held as per the approved ‘Scheme of Administration’ from amongst the members of the General body of the society who would form the electoral college. It appears that an election dispute arose between two factions. The respondents Sri Om Prakash Maheshwari had set up his election as Manager/Secretary in the proceedings held on 9.4.2016. On the other hand, the petitioner Sri Sanjeev Rathi claimed his election as Manager/Secretary in the proceedings dated 17.4.2016. Upon hearing the parties having found that there were rival elections, the Deputy Registrar made a reference under Section 25(1) of the Societies Registration Act’ 1860 (in short Act’ 1860) for adjudication before the Prescribed Authority/Sub Divisional Officer. An objection was taken by the petitioner raising an issue of maintainability of reference by moving an application dated 19.5.2017.

5. The ground taken therein was that with reference to the intermediate institution the dispute between two rival claimants for management of the institution is required to be determined under Section 16-A (7) of Act’ 1921. It was further contended that the dispute relating to the rival elections in relation to the society had already been decided by the Deputy Director of Education, Meerut vide detailed order dated 12.8.2016 in exercise of powers under Section 16-A(7) of the Act’ 1921. It was thus submitted that the prescribed authority had no jurisdiction to enter into the question which had already been adjudicated by the competent educational authority. This application was rejected vide order dated 18.9.2017 passed by the prescribed authority/Sub Divisional Officer, Dibai, which is under challenge.

6. Learned counsel for the petitioner assailing the order impugned vehemently urged that in relation to an intermediate institution, the Deputy Director of Education is the appropriate authority to hear the rival disputes relating to elections of committee of management after a reference was made by the District Inspector of School under Section 16-A (7) of the Act’ 1921. Once the dispute had been settled with the decision by the Deputy Director of Education in favour of the petitioner after providing detailed hearing to the contesting parties, the Deputy Registrar had no jurisdiction to refer the same dispute to the prescribed authority under Section 25 of the Act’ 1860. In so far as the eligibility of membership of any member of the society, the disputed questions of fact can only be decided in a civi