To ensure impartiality in educational institution elections where the local authority's neutrality is questioned, the court may appoint an officer from a different administrative region to oversee the process.

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.

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