Hon’ble D.K. Arora, J.—Heard learned Counsel for the petitioners and the Standing Counsel.

2. Rafi Memorial Girls Higher Secondary School, Masauli, District Barabanki is one of the Schools run and managed by a registered society known as the ‘The Managing Committee of Rafi Memorial Schools’. The Schools run by the said society, namely, (i) Rafi Memorial Boys Primary School, Masauli, District Barabanki (ii) Rafi Memorial Girls Primary School, Masauli, District Barabanki and Rafi Memorial Boys Junior High School, Masauli, District Barabanki have been declared as minority education institutions by the State Government vide Government Order dated 21st August, 2006. After the declaration of the aforesaid Institutions as minority educational institution, the State Government recognized and gave the institutions the rights which are available to a minority education institution including the right to make appointment on the posts of the teachers available in the Schools.

3. After the establishment of Rafi Memorial Girls Higher Secondary School, Masauli, District Barabanki, the Managing Committee passed a resolution dated 5.11.2004 for getting the institution declared as a minority institution and submitted the same to the District Inspector of Schools, Barabanki. The District Inspector of schools vide its letter dated 31.5.2005 while recommending the grant of minority status, forwarded the same to the State Government for necessary approval. On the enforcement of The National Commission for Minority Educational Institutions Act, 2004 the petitioner-institution made an application for declaring the petitioner institution as a minority educational institution as it being run and managed by a community which has been declared as a minority community by the Central Government as well as by the State Government. The National Commission for Minority Educational Institution after scrutinizing the documents and being satisfied that it fulfills all the requisite conditions, declared the petitioner institution as a minority educational institution. Even after declaration of the institution as a minority educational institution by the National Commission for Minority Educational Institutions vide order dated 14.12.2006 and recommendation of the District Inspector of Schools, Barabanki the State Government is not treating the petitioner institution as a minority institution.

4. Being dissatisfied by the action/inaction of the State Government the petitioner has filed the instant writ petition inter-alia on the ground that the action of the State Government in not treating the Institution is highly arbitrary and unjustified and that too when the National Commission for Minority Educational Institution has declared the institution as a minority educational Institution. In other words, it is an interference in the administration of the School, as being the minority institution it is entitled to make appointment of teachers under the provisions of Section 16-FF of the Intermediate Education Act, 1921 but the respondents are not allowing the petitioner institution to proceed and make appointment of teachers under the aforementioned provisions of the Act, 1921 as a result thereof the teaching is highly affected, which is a great concern. On 12.6.2007, the Manager of the petitioner institution apprised the District Inspector of Schools, Barabanki that three posts of Assistant Teachers are vacant and as such permission may be granted for making selection after issuing an advertisement in the newspapers. The Petitioner-institution was compelled to wrote a letter to the state Government for passing necessary order clarifying the position of the institution as a minority institution as the Director and other educational authorities had orally informed the petitioner No. 2 that its status as a minority educational institution would only be recognised if any appropriate orders in this regard are issued by the State Government.

5. Sri Mansoor Ahmad, C