Judgment 1. By the Court.-Janta Samiti Mahuari is a society registered under the Societies Registration Act, 1860, vide registration No. 1128/1983-84 dated 28-11-83. It seems that there were rival claim of the office bearers of the Society, who approached the Assistant Registrar Societies Registration, Varanasi regarding their recognition and renewal of the registration. The Assistant Registrar referred the dispute in exercise of power under subsection 1 of Section 25 of the aforesaid Act vide its order dated 11-16-91 to the Sub-Divisional Officer, Karakat, District Jaunpur. Consequent upon this, the Sub-Divisional Officer proceeded with the matter and passed a final order on 7-11-92 for holding a fresh election of the office bearers of the aforesaid Society. These two orders are assailed by means of this petition under Article 226 of the Constitution. The petitioner seeks a relief for quashing these two orders and for issuing a mandamus to the Assistant Registrar and the Sub-Divisional Officer for holding election of the office bearers of the society on the basis of a fresh list of members of the society. 2. The Writ Petition is filed by Janta Junior High School, Mahuari. The question as cropped up for consideration is as to how to Janta Junior High School, Mahoari can maintain the petition and what is its legal status. In the petition, there is no disclosure as to the status of the petitioner whether the petitioner is a person, corporate or juristic. Learned counsel appearing for the petitioner Sri Rajeshji Verma was asked to explain the petition as to how the petition is maintainable in the name of the institution, which as per material on record is not a person. In this regard the learned counsel for the petitioner as well as the learned Standing Counsel were heard. There is no quarrel regarding the position that Janta Junior High School, Mahuari is only an educational institution. The learned counsel for the petitioner submitted that the educational institution is a person as such It can maintain the petition. The submission was refuted by the learned Standing Counsel by submitting that the institution has no legal personality of its own and is not a person either legal or juristic and has no locus standi to maintain the petition. The learned counsel for the petitioner submitted that the educational institution is a person as such It can maintain the petition. The submission was refuted by the learned Standing Counsel by submitting that the institution has no legal personality of its own and is not a person either legal or juristic and has no locus standi to maintain the petition. He farther submitted that the dispute relates to the office bearers of the society and the institution had nothing to do in the matter and even otherwise it has no locus standi. So far as the next objection relating to locus standi is concerned, we are not inclined to deal with the same as the learned counsel for the petitioner has not addressed the Court on this aspect and he has not been given an opportunity. 3. There is no dispute on the point that only a person cm approach this Court under Article 226 of the Constitution and such may be human being, secondly, any body capable of acquiring rights and thirdly a corporation or other legal person may also called a fictional person. The person can be classified as natural and artificial The natural persons are such human being as are recognized by law as being capable of having tights or duties end they must have the following characteristics :- (i) They must be living human being, though for certain purposes, existence may be before birth. (ii) He must be recognized by the Stats as a person He must not be civilly dead. 4. The various degrees in which natural persons are capable of having right and are liable to duties, are determined by circumstances to which different consequences have been attached by the systems of law. There are different grades of personality which depend upon the freedom, the maturity, the sex, the sanity, the citizenship and so forth of the persons but the dead men cease to be person in the eye of law. They become destitute of rights, as well as liabilities though the law may make notice of man's body, his reputation and his estate to a certain extent and in a certain manner. A single human being has many faces of personality. They become destitute of rights, as well as liabilities though the law may make notice of man's body, his reputation and his estate to a certain extent and in a certain manner. A single human being has many faces of personality. Such as in cases of trusteeship, in the right of beneficiary he is one person, in the right of trustee, he is another person and in his own right he is a third person. Now, there are artificial persons, who may be classified as legal persons and non-legal persons. The legal persons are those who are recognized as such in the eye of law by conferment of status and any such person, to whom the law attributes a legal or fictitious personality. They may be aggregate of human beings or masses of property. They are treated as persons by law as having a capability of interest and therefore, duties. Legal personality is not reached until the law recognizes in a sense, it is a law which clothes with the legal personality. The artificial person may be classified as personality created by a statute. They may be composed wholly of natural human beings or wholly of legal artificial persons, or be a mixture of the two. 5. In item 32 of Schedule VII, of List II of the constitution the personality by incorporation is provided which is extracted below :- "Incorporation, regulation and winding up of corporations, other than those specified in list I, and universities ; unincorporated trading, literary, scientific, religious and other societies and associations ; co-operative societies." Under this Entry the State Government can create an artificial person by incorporation. It also create unincorporated trading, literary, scientific, religious and other societies and associations The status of such body would depend upon the law creating them. The matter regarding cooperative societies is a separate one and the co-operative societies are clothed with the personality and have been made corporate body capable of holding property, possessing right to sue or be sued. 6. Item 43 of List-1 of the Constitution is extracted as below :- "Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including cooperative societies. Under this Entry incorporation can be done of trading corporations, including banking, insurance and financial corporations but not including trading; literary scientific, religious and other societies and associations. 6. Item 43 of List-1 of the Constitution is extracted as below :- "Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including cooperative societies. Under this Entry incorporation can be done of trading corporations, including banking, insurance and financial corporations but not including trading; literary scientific, religious and other societies and associations. The cooperative societies also under the entry could not be Incorporated and conferred with any personality or status. About the societies registered under the Societies Registration Act 1800, though the Act does not make the society, a corporation but for the purposes of approaching the Court regarding a person. The masses of property are such as fund or estate where the corpus is same fund or estate devoted to specified or special uses as a Waqf or a Trust-Estate or a charitable fund or the estate of a deceased person, or the estate of an Insolvent In certain systems, here also, the law may prefer the process of incorporation. It may personify not the fund or the estate but the person or body of persons who administer it. The other inmate objects, on whom the law may confer the status of a person Is an idol installed in a temple. 7. The institution which is the petitioner here does not fall in any of the categories of the persons as detailed above. It has not been clothed with any personality or status by law. 8. In writ petition No. 4774 of 1973, Shiksha Sadan Kanya Uchachattar Madhyamik Vidyalaya v. D.D.E.W.), the matter came up for consideration before the Division Bench of this Court and the relevant passage is extracted as under :- "A preliminary objection has been raised on behalf of the respondents that this petition is not maintainable as it has not been filed by the Committee of Management or the society which runs the institution, instead the "petition has been filed by the institution itself which has no locus standi. We find force in this contention the institution is maintained by a society and the management of institution is carried on by a Committee of management constituted in accordance with the scheme of administration approved by the authorities of the Education Department under the provisions of the U.P. Intermediate Education Act and the regulations framed thereunder." In the case of Smt. Prem Wati v. Gurudwara, Budaun, 1976 ALJ 602, the Court observed as under :- "Ordinarily, in institution like a school cannot file a suit In the name of the institution itself. Special considerations may arise if an institution has got a special status like a corporation or a registered body. According to Authorities, a temple or a mosque cannot file a suit. The same principle should apply to a suit brought in the name of a Gurudwara." 9. Here in the present case the petitioner-institution has got no legal status, what to say of special status like a corporation or a registered body. 10. In the case of Thakardwara Pheru Mal v. Ishar Das, ILR 9 Lah. 588, it was held that :- "An idol and a Math have got Judicial status in the sense of being a juridical person by reason of the judicial recognition of Hindu religion and Custom on the point. A temple in which an idol is deposited is not a juridical person. The suit instituted on behalf of a Thakardwara, was held as not maintainable." In the present case, the petitioner-institution also has no juridical status in the sense of being juridical person by reason of the Judicial recognition. 11. On the reasoning as has been stated above, the petitioner institution is not clothed with any legal personality having no corporate status, is not a juridical person. Apart from this it is not a society registered under the Societies Registration Act. Thus, the petition on behalf of Janta Junior High School is Incompetent. 12. However, it would be in the interest of justice to give an opportunity to learned counsel for the petitioner who has filed the writ petition to rectify the defects so to make the petition maintainable which as stands as has been held, is not maintainable and is Incompetent.