L. RATH, J.

( 1 ) THE Managing Committee of the Baptist Church Middle English School and the Oriya Baptist Church, Berhampur are the petitioners challenging the order dt. 29-12-81 (Annexure-A) of the District Inspector of Schools. Berhampur Circle constituting the managing committee of the school under R. 3 (1) of the Orissa Education (Management of Private Schools) Rules, 1980 (Second Amendment Rules, 1981) and for direction that the managing committee be constituted with the consent and assistance of the petitioners with a further prayer for issue of a writ directing the opposite parties not to interfere in any manner with the functioning of the school of the minority community and to give grant-in-aid to the school without discrimination, or in the alternative to constitute the managing committee of the school in accordance with its own constitution.

( 2 ) THE crux of the case of the petitioners is that the school is a minority institution the managing committee of which is constituted in accordance with the constitution adopted for it on 12-8-47 by the Oriya Baptist Church, Berhampur, petitioner No. 2, which maintains the school and under the constitution is its recognised ma