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1999 Supreme(All) 433

O.P.GARG
YOGENDRA NATH SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.P.SAHI, R.G.PADIYA, R.N.SINGHA

O. P. GARG, J.

( 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 (f
























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