Choudhary, J.

1. This application under Article 226 of the Constitution of India has been presented by the Honorary Joint Secretary of the Bankipore Brahmo Samaj (hereinafter to be referred to as the Samaj) as authorised by it by a resolution dated the ist of May, 1960, which is annexure X to the petition. The petitioner has prayed for issue of a writ of mandamus commanding the respondents to cancel the order contained in their letter No. 7863-64, dated the 11th of April, 1960 and to forbear from giving any effect to the said order or to any other orders passed in pursuance of the Government Resolutions, dated the 28th of September, 1954 and the 7th of May, 1956. Rule was issued by this Court to the respondents to show cause as to why a writ of mandamus, as stated above, should not be issued against them.

Respondent No. 1 is the State of Bihar through the Secretary, Education Department, Government of Bihar, and respondent No. 2 is the Secretary of the Board of Secondary Education, Bihar. Cause has been shown by respondent No. 2 through the Government Pleader by filing a counter-affidavit sworn in on the 9th of September, 1960 (hereinafter to be referred to as the first aff