Amity Business School, Noida and Ritnand Balved Education Foundation, New Delhi, have preferred this special appeal under Chapter VIII, Rule 5 of the Rules of Court, 1952 against the judgment and order dated 23-12-2005 passed by a learned Single Judge of this Court whereby the Writ Petition, being Civil Misc. Writ Petition No. 65741 of 2005, filed by the aforementioned two persons, has been dismissed with certain observations.

Briefly stated, the facts giving rise to the present appeal are as follow :

2. Ritnand Balved Education Foundation, appellant No. 2, (hereinafter referred to as "the Society") is a Society registered under the provisions of the Societies Registration Act, 1860, with its registered office

situate at E-27, Defence Colony, New Delhi. Its aims and objects, inter alia, are to establish educational institution of all descriptions including public school, management training institution, colleges carrying out research in all aspect of education including applied science. It has established an institution in the name and style of Amity Business School (hereinafter referred to as "the Institution") at Sector 44, Noida, District Gautam Budh Nagar (U. P