- (1.) RAKESH Tiwari, J. Heard counsel for the parties and perused the record.
(2.) THIS petition has been filed by two petitioners praying that order dated 24-1-1998 and advertisement dated 5-5-1998 be quashed and a writ of mandamus be issued commanding the respondents to fill up the post of Principal according to Sections 16-E and 16-F of U. P. Intermediate Education Act, 1921 and for a further direction to the respondents not to interfere in working of the petitioner as Principal till duly selected principal of the Vijay Laxmi Pandit Inter College, Phulpur, Allahabad is appointed and provisions of Section 16-FF and of the Act be not invoked. The petitioner No. 1 claims to be Ad hoc Principal of Vijay Laxmi Pandit Inter College (hereinafter called the College) and petitioner No. 2 claims to be Secretary of the U. P. Madhyamik Shikshak Sangh, a representative body of teachers working in the State. The college is aided and is recognised Intermediate College. It was founded by a society known as Anglo Oriental School Association, Phoolpur which established a Junior High School in 1950. In 1953 it was raised to High School and was recognized for Intermediate classes in 1965. The name of this institute was changed to Vijay Laxmi Inter College, Phulpur. It is allowed 100% grant-in-aid by the State of U. P.
(3.) THE Society known as Anglo Oriental School Association was registered as society on 16-9-1951. Its membership was open to all castes and communities. THEre was no restriction in membership or in admission of students. It is alleged by the petitioners that more than 60% students are non-muslims and prominent non-muslim persons have always been taken in the managing committee and it is not a minority institution. As against that the respondent Nos. 6 and 7, the College and Society named above, have taken stand that the Institute is a minority institution hence they have a right to manage the affairs of the College uninterrupted by the provisions of the U. P. Intermediate Education Act (hereinafter referred to as the Act ).;