J.Narain, J.

1. C. W. J. C. No. 1726 of 197T and Original Criminal Miscellaneous Case No. 23 of 1971 have been heard together as they arise out of substantially the same question. The petitioners in both the cases are Dr. Dukhan Ram and Dr. R. P. Lall. The respondents in the former case are the State of Bihar, President, Board of Secondary Education, Bihar, Shri Rajendra Prasad and Shri Baidyanath Prasad. The Opposite Parties in the other case am Shri Rajendra Prasad and Shri Baidyanath Prasad.

2. By the writ petition, Dr. Dukhan Ram as President of the Dayanand Vidyalaya, Mithapur, Patna and Dr. R. P. Lall as the Secretary of tie institution, have prayed for quashing the order dated December 18, 1971, passed by the President Board of Secondary Education, Bihar (Annexure 2). This order cancels the previous order communicated by letter dated September 23, 1971, by which recogpition of an ad hoc managing committee constituted by the President of the Bihar Arya Pratinidhi Sabha (Dr. Dukhan Ram) for the Dayanand Vidyalaya, Mithapur, was given and recognises the managing committee formed by the Arya Samaj, Mithapur, with Shri Rajendra Prasad as the President and Shri Baidyanath