( 1 ) BY means of this writ petition, under Article 226 of the Constitution of India, the order dated 13-3-1995, Annexure 9 to the writ petition, passed by the State Government has been challenged primarily on the ground that the secular nature of the management is sought to be usurped and upturned by the imposition or introduction of minority status to an education institution, in spite of the fact that it was never intended to be established as minority institution under the bye-laws and Memorandum of Association by which it is governed. This controversy has cropped up in the following circumstances. There is a registered society with the name of National Association having its own bye-laws. It established a Junior High School in Bara, District, Ghazipur, in the year 1948, which came to be upgraded as Higher Secondary School in the year 1966 and in course of time, as an Intermediate College in the year 1972. It is now known as Bara Inter College, Bara, District, Ghazipur. When the said institution came to be governed by the provisions of U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) in the year 1966, the Deputy Director of Education (for short dde) approved a scheme of administration for the High School. The said scheme administration was also amended in the year 1985 and the amended scheme of administration was enforced through letter dated 15-2-1985, a copy of which is Annexure 4 to the writ petition. The case of the petitioners is that neither the present society, namely, National Association, nor the college was either established by the minority community or was exclusively administered by it. It is further alleged that a perusal of the aims and objects, as contained in the Memorandum of Association, as well as in the scheme of administration, would indicate that the said society established the college to impart education in general without any particular benefit to either a linguistic or religious minority and that it was never intended, either initially or even when the scheme of administration came to be enforced, to confer a minority status on the institution. According to the petitioners, the State Government took upon itself, with an avowed and sole object of appearing a particular community, at the behest of certain political persons, including the then Education Minister, U. P. , to bestow, without understanding the implications thereof the status of minority institution by issuing the impugned order dated 13/03/1995 on the Schools and Colleges, including Bara Inter College Bara, District, Ghazipur. The said order, it is urged has been passed by non-application of mind; without recording the finding as to whether the institution was established and is being administered by a minority community and as to whether the institution has its aims and objects for the purpose of providing benefit to a particular community either religious or linguistic, as contemplated under Article 30 of the Constitution of India. According to the petitioners, the declaration of minority status has been obtained with a view to do away with the various restrictions imposed by the Act and the Regulation framed thereunder obviously to the serious detriment to the rights of the teaching and non-teaching staff. It is prayed that the impugned order dated 13-3-1995 be quashed and the respondents be restrained from treating Bara Inter College, Bara, District, Ghazipur as a minority institution.

( 2 ) PETITIONER No. 1-Yogendra Nath Singh is life member of the National Association, a registered society, which manages and runs the institution, while petitioner No. 2, Damodar Singh is an Assistant Teacher in L. T. Grade in the Bara Inter College and according to both of them, if the minority status of the institution is allowed to continue, the service conditions of the teachers and other employees shall stand drastically changed and the committee of management shall act in its own way under the garb of