Narasimham, J.

1. This is an application under Article 226 of the Constitution by a person who claims to be the proprietor of a High School named after him at Jhandaha, challenging the validity of certain actions taken by the educational authorities under the provisions of the Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules, 1964, (hereinafter referred to as "the rules") for constituting a Managing Committee for the said school.

2. The petitioners case is that he started the said School sometime in 1937, constructed the building on his own plot of land at a heavy cost and for some years met the entire expenses of running the school. This statement of fact is not wholly accepted by the respondents on whose behalf an affidavit was filed to show that the school was started by donations made by a large number of the public also, though the petitioners total contribution to the school was more than Rs. 10,000. It was also asserted in the counter-affidavit that the school was getting aid and grant from Government regularly. Government therefore treated the school as an aided school and wanted to constitute a Managing Committee for the School in