JUDGMENT :

1. Heard Sri Radha Kant Ojha, learned Senior Counsel, assisted by Sri Ratnakar Upadhyay, Sri Naushad Alam, learned counsels for the writ petitioner, Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel, who appears for the State official respondents as well as Sri Sankalp Narain, learned counsel, who appears for the respondent nos.4 and 5.

2. Since a statement has been made by the learned counsel for the rival parties that they do not propose to file any further affidavits thus with their consent the writ petition is being decided at the fresh stage.

3. The case of the writ petitioner is that there is an institution by the name of S.M. National Inter College Machhati, District Ghazipur, fourth respondent, which is a minority institution conferred with certain protection and benefits under Article 30 of the Constitution of India recognised and aided under the provisions of U.P. Intermediate Education Act, 1921 (In short 1921, Act) and the provisions of U.P. Act No.24 of 1971 stands applicable. As per the writ petitioner the said institution has his own appr