V.Ramaswami, J.

1. The petitSSioner Sri Dipendra Nath Sarkar is the Joint Secretary of the Bankipur Brahmo Samaj (hereinafter referred to as "the Samaj") and has been authorised by a resolution of the Samaj dated the "28th January. 1961, to make this application to the High Court under Article 226 of the Constitution. The case of the petitioner is that the Samaj is a minority community based on religion, and in the year 1930 the Samaj had established a school known as the Balika Vidyalaya. The Samaj has been administering the school from the date of its inception, and for the year 1960-61 the Samaj appointed a managing committee of the school with Sri J. Kundu, Advocate, as its Secretary. Respondent No. 4, ri G. K. Kohli, was then acting as the Secretary of the Managing Committee in place of the Secretary appointed by the Samaj for the previous year 1959-60. He refused to make over charge of the school to the new Managing Committee appointed for the year 1960-61.

On the 8th April, 1960, respondent No. 4 wrote to Sri Kundu stating that he had been instructed by the Director of Public instruction to ask Sri Kundu not to interfere with the management of the School. On the 11th