Honble RATHORE, J.–Since in all these there writ petitions similar question of law are involved, the same are being decided by this common judgment.

(2). In all the aforesaid writ petitions the provisions of the Rajasthan Non Government Educational Institution Act, 1989 (for short, the Act of 1989) and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (for short, the Rules of 1993) are challenged and main challenge with regard to the election of the Managing Committee as per section 9 of the Act read with rule 23 of the rules of 1993.

(3). Under sub section 2 (h) the Educational Society or educational agency is defined.``Educational Society or ``educational agency means any trust, person or body of persons permitted to establish or maintain in recognized non-Government educational institution.

(4). As in view of section 2(h) the non educational institution can be established on maintained by the trust or person or body of persons. Here in the aforesaid writ petitions there are tow sets of writ petitions; one institution is run by the trust (i.e., writ petition No. 5544/03 Olive E. Malaki vs. State) and Another set

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