O.P.Garg, J. - (1.) Through this writ petition, under Article 226 of the Constitution of India, the order dated 26.6.1997, a copy of which is Annexure-8 to the writ petition, passed by the Government, in so far as it accords recognition as a minority institution to the Muslim Anglo Hindustani Inter College. Ghazipur, has been challenged primarily on the ground that the order aforesaid has been passed in complete disregard of the provisions of Article 30 (1) of the Constitution of India and the various judicial pronouncements interpreting the said Article. The following facts are necessary to appreciate the real import of the controversy.
(2.) There is a registered society under the name of Muslim Anglo Vernacular Educational Association, Ghazipur. which according to the petitioners was constituted in 1939 and under the aegis of which Muslim Anglo Hindustani Inter College governed by the provisions of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act') and other allied Acts is being run. The petitioner Nos. 2, 3 and 4 are permanent lecturers in the said college in different subjects while the petitioner Nos. 5 to 10 are permanent assistant teachers in the L.T. grade. The petitioner No. 1 is the association of the Madhyamik Shikshak which has come into existence for the welfare of the teachers of the private recognised educational institutions in the State. The case of the petitioners, in short, is that the college, in question, is engaged in imparting normal secular education to the students of all castes, creed and communities and a very large number of members of the staff are also persons belonging to general category. The composition of the registered society, according to the petitioners, indicates that persons belonging to different caste and religion are its members and the membership is not limited to Muslim minority Community only. It is alleged that the institution, in question. has neither been established by the Muslim minority community nor it is administered by the said community and, therefore. the institution is not entitled to any protection under Article 30 (1) of the Constitution. The management of the respondent institution, it is alleged, earlier moved an application for conferring minority status on the institution but the said prayer was rejected by the State Government in the year, 1989 and since subsequent thereto, no fresh material has come into existence, the State Government was not justified in reviewing the matter.
(3.) According to the petitioners, an advertisement had been published in the newspaper 'Purvanchal Times' dated 6.9.1997. Annexure-10 to the writ petition, whereby certain posts in class IV cadre are sought to be filled by treating the institution as an aided minority institution. It is prayed that the Government Order dated 26.6.1997, Annexure-8 to the writ petition be quashed and the respondent Nos. 7 and 8 be directed not to act upon advertisement dated 6.9.1997, Annexure-10 to the writ petition.;