RAJIV SHARMA, J. - (1.) HEARD Sri Asit Chaturvedi, Counsel for the peti­tioner assisted by Dr. R.K. Mishra, Sri Farhan Alam Usmani, Counsel for the Minorities Commission, Sri Qamrul Hasan, Counsel for the opposite party No. 4. Sri Afzal-Ur Rehman, Counsel for opposite party No. 5 Sri Surya Prakash Singh, Counsel for the opposite party No. 6 as also the Standing Counsel.
(2.) IN the instant writ petition the petitioners, who are said to be the members of the society, have questioned me correctness and validity of the or­der dated 22.5.2008, passed by the U.P. Commission for Minorities, Lucknow, whereby the Commission has issued a direction for holding of election of the Committee of Management within a month and submission of compliance report inter alia on the ground that the impugned order passed by the commission is without jurisdiction, non est and per se illegal. Further, in the application filed by Sri Meraj Ahmad before the U.P. Commission for Minorities [in short re­ferred to as 'the Commission'] was for issuing direction to the Joint Director of Education, Faizabad Region, Faizabad to comply the order passed in Writ Petition No. 2628 (M/S) of 2007 and there was no prayer for issuing such a direc­tion. Counsel for the petitioner submits that the institution, namely, Azad Industrial Inter College, Fatehpur, Barabanki, was established as a non-minor­ity institution by the society known as "Sub Committee Azad Industrial High School, Fatehpur, Barabanki'. There were members of both Hindu and Muslim community. Initially, Munshi Ram Jiyawan Lal was appointed as the Manager of the institution whereas Late Munshi Shafiuddin was Secretary. The non-mi­nority status of the college continued for three decades but all of a sudden in the year 1994, by deceitful means was converted into a minority institution. The declaration of the institution as minority institution has been assailed in Writ Petition No. 3079 of 2006, which is pending.
(3.) THE opposite party No. 5 Meraj Ahmad filed a writ petition bearing No. 2628 (M/S) of 2007, which was disposed of by the order dated 24.5.2007 with a direction that the application of Meraj Ahmad dated 7.3.2007 shall be decided within a period of three months. In compliance of the order, the District Inspector of Schools, Bara banki passed an order dated 12.5.2008 reject­ing the representation of the petitioner.;