N.L.GANGULY, J. - (1.) THESE eleven Writ Petitions have been filed by the Committee of Management, B. S. M. Inter College, Roorkee, district Haridwar as the petitioners No. 1 or 2 in these petitions are the managers. In some writ petitions Dr. Bhushao Lal Sharma claimed himself to be the manager of the committee of management and in others Sri Manohar Lal Sharma claimed himself to be the manager of the committee of management. Since April 1990 the parties started tiling writ petitions one after the other in succession claiming themselves to be the Manager of the committee of management and challenging one order OF the other passed by the District Inspector of Schools or the Deputy Director of Education from time to time.
(2.) THERE are three other educational institutions under the B. S. M. Society, namely, B. S. M. (P, G.) College, B. S. M. Montessories School, B. S. M. Samiti and Ayurvedic College and B. S. M. Inter College. The disputes in all these writ petitions are concerning the B. S. M. Inter College, Roorkee, district Hardwar, which is admittedly a recognised Inter College governed under the U. P. Intermediate Education Act. Since all the Writ Petition are in respect of managerial dispute or the dispute about the Payment of Salary Act or the order of single operation, all of them have been clubbed together. The learned counsel for the parties have exchanged their affidavits and they have no objection in clubbing of all the cases together for disposal by a common judgment. The learned standing counsel has filed counter affidavit in some petitions, in others where no counter affidavit has been filed, the learned standing counsel does not propose to file counter affidavit and consents that the cases may be finally decided on the basis of affidavits filed by the private parties contesting their case in these writ petitions. I propose to consider the earliest Writ Petition concerning the institution first and accord­ing to the date of their filing etc. Civil Misc. Writ Petition No. 11622 of 1990 was filed by the B. S. M. Samiti (Mahasabha) Roorkee, district Hardwar through its Manager Sri Ishwar Chand Sharnta challenging the order dated 20-4-1990 passed by the D. I. O. S. Hardwar by which the D. I. O. S. on the complaint received from various respectable citizens of the city in respect of the institution of the petitioner that the Mahasabha was not permitting the citizens to be made members of the Mahasabha. The grievance of the citizens was that the committee of management of the institution was not functioning democrati­cally and was not permitting citizens and other respectable persons of the society to be the members of the society and the committee of management on account of sectarian and arbitrary view. The District Magistrate after receipt of the complaint had asked the D. I. O. S. to investigate into the matter and submit a report. The D. I. O. S. in his turn proceeded to issue notice to the petitioner committee of management through its office-bearers to furnish the required information and 145 persons, who were seeking to become the members of the society be enrolled as members of the Mahasabha. 26th to 30th April, 1990 were fixed for necessary investigation and enquiry foe investigating and clearing the names of 145 persons whose names were sent to the D. I. O. S. for being enrolled as a members of the Society of the Mahasabha.
(3.) IN the Writ Petition the D. I. O, S. and the District Magistrate, Hardwar are respondents. Counter affidavit has been filed by the State and rejoinder affidavit also filed.;