Hon’ble V.C. Misra, J.—Heard Sri V.K.S. Chaudhari, learned Senior Advocate assisted by S/Sri B.N. Singh and O.P. Tewari, learned Advocates, appearing for the petitioners learned Standing Counsel for State respondents No. 1 to 5 as well as Sri R.N. Singh, learned Senior Advocate assisted by Sri V.K. Singh, learned Counsel for the respondent No. 6.

2. Civil Misc. Writ Petition No. 47906 of 2004, Pratap Narain Singh and others v. State of U.P. and others, has been filed by one Pratap Narain Singh, Principal, Dharoan Intermediate College Dharoan District Chandauli (hereinafter referred to as the Institution) and others and also representing other teachers and staffs of the institution, in question, for quashing the impugned order dated 9.6.2004 (Annexure 1 to the writ petition) issued by Sri S.A.A. Rizvi, Secretary, Government of Uttar Pradesh declaring the institution, in question, as a minority institution, Civil Misc. Writ Petition No. 404330 of 2004, Committee of Management Dharoan Intermediate College, Dharoan, District Chandauli and another v. State of U.P. and others, has been filed by the Committee of Management of the institution through its Manager, Babban Singh challenging the aforesaid impugned order dated 9.6.2004 (Annexure 1 to the writ petition).

3. The impugned order in both the writ petitions and the controversies involved therein being the same, they were connected with each other on the request of the learned Counsel for the parties and are being disposed off by this common judgment and order.

4. The facts of the case which clearly emerge from the pleadings of the parties in both the writ petitions, in brief, are that on 8.8.1947 “The English School Dharoan, village Dharoan District Varanasi” was registered under the Society Registration Act at serial number 57 of 1947/48 having a 13 members management committee, out of which ten members belonged to Muslim community and three members belonged to Hindu community (this fact is admitted by respondent No. 6 in its counter affidavit in paras No. 5, 20 and 22). Copy of the registration certificate has been filed by both the parties. Memorandum of Association, list of members of the managing committee and the rules and regulations governing the management of the institution duly signed by Sri K.S. Asfandyar Khan as President on 29.10.1947, Superintendent, U.P. Police Headquarters, Allahabad, has been annexed as Annexure 4 to the supplementary rejoinder affidavit. The land over which institution exists was given by Gram Sabha Ranepur, Pargana Barwal, Tehsil Chandauli and no other person including that of the Muslim community had contributed any land for establishment of the said institution. These averments made in the writ petition have not been denied. The Memorandum of Association discloses the aims and objects and as to how the affairs of the institution would be managed. It was provided therein that the affairs of the institution would be managed by a committee called “Dharaon English School Committee” and the objects of the committee were to arrange for the education of children professing any religion, primarily living in the said village and villages around it and the institution was not established for welfare of any particular community. It was also provided in the said Memorandum of Association that the following persons would be entitled to be the members of the committee; (a) General members—every person (male or female) who accepts the aims and objects of the committee and pays at least 6/- a year, (b) Special members—every person who pays a lump sum of Rs. 200/- or more will remain a member of the general body for three years and continue to be a member for a further period of 3 years after payment of Rs. 100/- after the expiry of the first 3 years, (c) Patron of the committee and life member of the general body—any one who pays a lump sum of Rs. 5000/- or more. After partition of Hindustan (India) most of the Muslim members of the society and the ma