NAVANITI PRASAD SINGH, J.

1. By the present writ petition, the petitioners seek to challenge the orders of the Director, Secondary Education, Government of Bihar, dated 25.11.1991 (Annexure 16) and order dated 30.08.1996 (Annexure 21), by which the Director first accepted plea of the private respondents that there was change in the Managing Committee of Azad Uchcha Vidyalaya, Bishanpur, Dhoraiya, Bhagalpur (for brevity the School) and later ordered for fresh elections of the members of the Managing Committee of the School in question.

2. There are two private respondents i.e. respondents no. 6 and 7. Respondent no. 6 is Md. Suleman, the Secretary of Siddique Talimi Anjuman and respondent no. 7 is the President of Siddique Talimi Anjuman. They seek to oust the members of the Managing Committee of Azad Uchcha Vidyalaya, Bishanpur, Daraiya, which was earlier in Banka Sub-Division in the district of Bhagalpur, now in the district of Banka.

3. It appears that this writ petition having been filed against the orders as noted above in the year 1997, respondents no. 6 and 7 were noticed, they appeared and after hearing them by order dated 11.02.1999 passed in this case, this case was admitted for hearing, but while doing so, an interim order was passed by this Court virtually staying Annexure 16 and 21 and permitting the petitioners to carry on with the management of the School in question. As such the petitioners are in control of the School in question till the date.

4. From the bulky records of the case, it appears that there are counter affidavits on behalf of the State and respondent no. 7, but though respondent no. 6 Md. Suleman, who claims to be the Secretary of the new Managing Committee, appeared and was represented, no counter affidavit was filed. This is relevant because till 1988 Md. Suleman had been the Headmaster of the School in question and there was no dispute. It is immediately after he retired that the dispute with regard to the Managing Committee started. He was the best person to take stand in the matter and bring full facts on record, but he chose to keep silent. As would be discussed later, this silence was very pertinent.

5. It appears that there being a good number of members of Muslim Community in and around Bishanpur in Banka Sub-Division of district Bhagalpur as it then was, local Muslim Community decided to open and establish the School known as Azad Uchcha Vidyalaya in the year 1959. In due course of time, it got full recognition from the Secondary Education Council, Bihar. In 1965 the State Government recognized and declared the School to be a Muslim Minority School. It appears that in 1968 a Society was registered under the Societies Registration Act, 1860 with its registration number 26 of 1968-69, known as Anjuman-E-Islahu-Muslimin. The said Society was situated in the district of Santhal Parganas, as it then was. Apparently this Society was established for running and managing educational institutions of Muslim Community. In 1977, petitioner no. 2 Shamshuzzoha, who was then managing the School, filed an application before the said Anjuman-E-Islahu-Muslimin (for brevity Anjuman Society). On 05.01.1978, the said Society granted affiliation to the said School in question and took over the management. Petitioner no. 2 was confirmed and appointed as Secretary of the Managing Committee of the said School by the said Anjuman Society. Thus, from that date onwards, the management of the School vested in the said Society and petitioner no. 2 acted as the Secretary of the Managing Committee of the School as duly recognized by the said Society. In conformity with the memorandum of the said Anjuman Society, by-laws for the management of the School was framed, which was approved by the Anjuman Society. In between, studies were regularly imparted in the School, students were sent up for examination to the Bihar School Examination Board and its predecessor and forms and fees were deposited under the authorit