N.K.Mitra, C.J. - (1.) Special Appeal Nos. 450 and 451 of 1998 stem from the judgment and order dated 29.5.98 whereby the learned single Judge disposed of three connected writ petitions, namely. Writ Petition Nos. 39006 of 1997, 34336 of 1997 and 598 of 1998.
(2.) Challenge in Special Appeal No. 450 of 1998 is focussed on the Judgment in so far as it pertains to Civil Misc. Writ Petition No. 35336 of 1997, Committee of Management, Azamgarh Muslim Education Society. Azamgarh and another v. Asstt. Registrar, Firms. Societies and Chits. Azamgarh and others. While Special Appeal No. 451 of 1998 is directed against the self-same judgment of the learned single Judge in so far as it relates to Civil Misc. Writ Petition No. 39006 of 1997, Qamar Rashid Khan and others v. Vice-Chancellor Purvanchal University Jaunpur and others. Judgment rendered in Writ Petition No. 569 of 1998 has not been taken in challenge by means of any Special Appeal.
(3.) Stated briefly, the facts as bear upon the controversy involved in the two appeals [supra] are that the Azamgarh Muslim Educational Society, a Society registered under the provisions of the Societies Registration Act, 1860, is the progenitor of the two Institutions, namely, Shibli National Post Graduate College, Azamgarh, which ts affiliated to Purvanchal University and is governed by the U. P. State University Act, 1973, read with the First Statutes of the Gorakhpur University and Shibli National Inter College, Azamgarh, recognised as such under the provisions of the U. P. Intermediate Education Act, 1921. These institutions which have the status of minority institutions got mired in a dispute with respect to management but pursuant to the judgment of this Court dated 5.9.91, elections of the Committee of Management were conducted by the District Inspector of Schools, Azamgarh on the basis of the list of members appended to the said judgment which had been obtained by the Court from Asstt. Registrar. Firms. Societies and Chits during the pendency of the writ petition, decided bby judgment and order dated 5.9.1991. The Committee of Management so elected received recognition by the authorities concerned and it managed the affairs of the Institution through its three-year term. Before expiry of the term, the Vice-Chancellor, Purvanchal University passed order dated 19.9.1994 the text of which was that fresh election would be held under the supervision of District Inspector of Schools, Azamgarh, who could act as Election Officer. This order gave birth to Writ Petition Nos. 31760 of 1994 and 31763 of 1994 being filed by the Committee of Management thereby challenging the decision of the Vice-Chancellor, Purvanchal University. This Court, however, by its Judgment and order dated 28.4.1994, countenanced the aforestated directions given by the Vice-Chancellor. As a necessary sequel, fresh elections were held on 30.11.94 and the Committee of Management elected in the said election was granted recognition.;