( 1 ) THIS appeal has been preferred by the State of West Bengal and three others against the judgment of B. C. Ray, J. dated Jan. 11, 1982, whereby the learned Judge made absolute the Rule Nisi issued on the application of the respondents under Article 226 of the Constitution.

( 2 ) THE respondents, who were the writ petitioners, are the members of the Managing Committee of Udayan Institution for girls, situate at 16, Gomes Lane, Calcutta. It is the case of the respondents that the said school was founded by respondent 4, Shri Prabati Charan Sen Gupta. The school was recognised as a Class X school by the West Bengal Board of Secondary Education, hereinafter referred to as the Board, in the year 1965. The recognition was extended from time to time. After the special constitution of the Managing Committee of the school was approved by the Board, the Managing Committee of the school was constituted on July 2, 1967 with the respondents as the members thereof. After the Management of the Recognised Non-Government Institutions (aided and unaided) Rules, 1969 was framed, hereinafter referred to as the said Rules, the school made an application on Sept. 22, 1969 for the a