PRATAP NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V. K. S. Chaudhari, learned senior advocate assisted by S/Sri B. N. Singh and O.P. Tewari, learned Advocates, appearing for the petitioner's learned standing counsel for State respondents No. 1 to 5 as well as Sri R.N. Singh, learned senior advocate assisted by Sri V. K. Singh, learned counsel for the respondent No. 6.

(2.) CIVIL Misc. Writ Petition No. 47906 of 2004, Pratap Narain Singh and others v. State of U. P. and others has been filed by one Pratap Narain Singh, Principal, Dharoan Intermediate College, Dharoan District Chandauli (hereinafter referred to as the Institution) and others and also representing other teachers and staffs of the institution, in question, for quashing the impugned order dated 9.6.2004 (Annexure 1 to the writ petition) issued by Sri S.A.A. Rizvi, Secretary, Government of Uttar Pradesh declaring the institution, in question, as a minority institution. CIVIL Misc. Writ Petition No. 404330 of 2004, Committee of Management Dharoan Intermediate College, Dharoan, District Chandauli and another v. State of U. P. and others has been filed by the Committee of Management of the institution through its Manager, Babban Singh challenging the aforesaid impugned order dated 9.6.2004 (Annexure 1 to the writ petition).

(3.) IT is alleged by the petitioners that in the year 1960 "the English School Village Dharoan" Tehsil Shakaldiha was again registered and in the said management committee there were representation of the members belonging to both the communities, namely Muslim as well as Hindu. In the committee of management which was formed in the year 1960 for "English School Village Dharaon" members of the Hindu community were in majority and only one member belonged to the Muslim community. The Memorandum of Association and the byelaws of the Society have been annexed as Annexure 2 to the writ petition. However the respondent No. 6 has stated that the same was not duly registered. Since renewal of the registration of the society was not got done by the then Manager, again an application for registration of the society was moved and the society was again registered with certificate No. 1457/85-86 in the year 1986 (18.1.1986) and since then the registration of the committee of management is continuing. The institution continued to function under the control and administration of the managing committee and in the year 1988 an election took place in which one Sri Jagat Narain Dube was elected as President and Sri Anmol Singh was elected as Manager of the institution, in question.