Vineet Saran, J. - (1.) Both these writ petitions arise out of the same cause of action and hence they have been heard together and are being decided by a common judgment. Pleadings in both the writ petitions have been exchanged and with consent of the learned Counsel for the parties, these petitions are being decided at the admission stage itself, or convenience, the subsequent writ petition No. 30710 of 2003 shall be treated as the leading writ petition in which the facts relating to the case have been stated more comprehensively.
(2.) Civil Misc. Writ Petition No. 437 of 2003 has been filed challenging the order dated 20.12.2002 passed by the Joint Director of Education, Respondent No. 2, whereby an Authorized Controller has been appointed, with the direction to hold the elections of the Committee of Management within three months. A further prayer for a direction in the nature of Mandamus has been made for commanding the respondents not to interfere in the peaceful functioning of the petitioners in the matter of administering and managing the affairs of the college. The second Writ Petition No. 30710 of 2003 has been filed with the prayer for quashing the order, dated 29.5.2003 passed by the Regional Committee, Respondent No. 2, granting recognition to the election of the Committee of Management held on 11.3.2003 and also for quashing the order dated 20.6.2003 passed by the District Inspector of Schools, Respondent No. 4, whereby the signatures of Respondent No. 5 Ajay Singh has been attested as the Manager of the Committee of Management.
(3.) The facts as stated by the petitioners are that St. Andrew's Inter College, Gorakhpur is an aided minority institution for which the District Inspector of Schools had issued the requisite minority certificate. The college is governed by a Scheme of Administration, which had been duly approved by the Deputy Director of Education, Gorakhpur on 1.6.1966. The preamble of the Scheme of Adminisuation mentions that the college was established for providing education, primarily to Christian children but also to others, irrespective of caste or creed, who voluntarily join the institution which imparts education on Christian basis and according to the faith, doctrine and practice of the Church of India, Pakistan, Burma and Ceylon, or their successors. On 29.11.1970 the Church of North India (C.N.I.) at Nagpur came into existence after unification of six churches, which included the Church of India, Burma, Pakistan and Ceylon. According to the petitioner the Church of North India, being the successor of Church of India, Burma, Pakistan and Ceylon, came in control of the management of the colleges and Diocesan Education Board (D.E.B.), petitioner No. 3, which is a registered society and has been governing all the educational institutions of the Church of North India (which includes St. Andrews Inter College, Gorakhpur) ever since the unification of the Churches in 1970.;