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Gujarat High Court · body

2016 DIGILAW 1836 (GUJ)

Raval Manharbhai Kalidas v. Girishbhai K. Patel

2016-08-31

S.H.VORA

body2016
ORDER : S.H VORA, J. By way of these applications, the applicants seek to review and recall judgment and order dated 16.2.2016 passed in First Appeal Nos. 2473 of 2015 and 2497 of 2015. 2. Before the submissions made at bar by learned advocates appearing for the respective parties is taken into consideration, it is relevant to reproduce para 4, 5, 5.1 to 5.5 of the order and judgment dated 16.2.2016 “4. Considering the loud object of the Trust and further considering contribution of the people of village in developing the said Trust for the purpose of imparting education, the learned advocates appearing for the respective parties urged this Court to take up the first appeals for final disposal. Since it is felt necessary by the learned advocates for the respective parties that the scheme is required to be framed for better management and administration of the Trust, they have suggested, with consent of each other, certain changes/modification in the scheme framed by the learned Joint Charity Commissioner as per order dated 20.09.2014 5. After giving thoughtful consideration to the various suggestions made at bar by the learned advocates appearing for the respective parties, with consent of each other, it appears that the scheme so framed by the learned Joint Charity Commissioner as per order dated 20.09.2014 requires following modification. 5.1 In Clause (A) of para 3 of the said scheme, the first sub-para shall be substituted as under:- 3(A). Membership- Qualification (i) The person having completed age of 21 years on the date of applying and; (ii) Person permanently residing at Vasad for last 5 years or person having Vasad as native place and; (iii) Person having educational qualification of at least S.S.C Pass/holding any technical qualification certificate from recognized institution or person having experience and interest in social/educational/religious etc. works or person who has already worked for benefit of the Trust or institution. Qualified person upon payment of prescribed fees, who does not possesses any disability declared by law and/or guilty of moral turpitude and/or declared insolvent and/or convicted in any criminal proceeding, shall be eligible and enrolled as a member of Trust for a period of 15 years. 5.2 It is made clear that word life in the said scheme shall be substituted by words for a period of 15 years. 5.2 It is made clear that word life in the said scheme shall be substituted by words for a period of 15 years. 5.3 It is made clear that the second sub-para of Clause (A) of para 3 of the scheme shall be retained. 5.4 Sub-para 3 in Clause (A) of para 3 of the scheme shall be added as under:- (That the first members, as per the above referred qualifications be enrolled by the learned Joint Charity Commissioner or his representative, and thereafter, for future members, by the Board of Trustees) That the process of enrollment of the members of the Trust be undertaken afresh and the eligible persons who have already been enrolled and has deposited amount with the Trust, shall be required to pay the deficit amount and new membership fees within a period of 5 months. For the persons, who are not found eligible, they shall be refunded the amount, within a period of 3 months after the Board of Trustees has been constituted. (Amenable for modification in future by resolution in General Meeting). 5.5 In Clause (B) of para 3 of the scheme, amount of membership fees be substituted as Rs.7500/- instead of Rs.1501/-. A person who has been enrolled as a member upon payment of prescribed membership fees shall, subject to other provisions of scheme, be entitled to continue as a member upto a period of 15 years and upon expiry of the said period, can seek renewal of membership upon payment of such renewal fee as may be prescribed from time to time by resolution in general meeting, and such renewal of membership shall be for a period of 10 years at a time.” 3. Pursuant to the aforesaid order, opponent-Joint Charity Commissioner commenced the proceedings for enrollment of the First Members and election of the First Trustees of the trust, namely, New English School Trust, duly registered under the provisions of the Public Trust Act. Initially, the scheme which was framed by the Joint Charity Commissioner at Ahmedabad came to be modified considering the loud object of the trust and further considering the contribution of the people of village in developing said trust for the purpose of imparting education. Initially, the scheme which was framed by the Joint Charity Commissioner at Ahmedabad came to be modified considering the loud object of the trust and further considering the contribution of the people of village in developing said trust for the purpose of imparting education. There was a broad consensus amongst learned advocates appearing for the respective parties to the appeals that the scheme was required to be framed for better management and administration of the trust and therefore, after considering various suggestions made at bar, the Court modified the scheme as per judgment and order passed on 16.2.2016 4. The applicants raised issue before this Court that the applicants and hundreds of other villagers, who are eligible under the Scheme, would be deprived from participating on the ground of paucity of economical means to pay membership fees to the tune of Rs.7500/-. Some of the applicants have urged that they belong to socially backward classes and therefore, the enhanced fee as fixed by this Court would take away their vested rights of membership. In nutshell, the applicants are before this Court to review/recall the order of fixing the membership fees to the extent of Rs.7500/-. 5. This Court, after hearing the submissions at length, do not find any reason to recall or review the order fixing membership fees at Rs.7500/-, since it is done after lots of deliberation at bar when the first appeals were taken up for final disposal with the consent of learned advocates for the respective parties and more so, keeping in mind the fact that the trust in question is being associated with the educational activities. Therefore, this Court do not find any merits in the applications preferred by various applicants for review/recall of the order passed in the aforementioned first appeals. At the same time, this Court thinks it fit to extend opportunity to the applicants and other villagers, if they want to enroll themselves as members in the trust since, time to enroll has already expired as stated at bar, so that genuine applicants can pay the membership fees/balance membership fees and they can become members of the trust. 6. At the same time, this Court thinks it fit to extend opportunity to the applicants and other villagers, if they want to enroll themselves as members in the trust since, time to enroll has already expired as stated at bar, so that genuine applicants can pay the membership fees/balance membership fees and they can become members of the trust. 6. Accordingly, while rejecting present applications, following order is passed:- (1) Time to enroll membership is extended till 30.9.2016 (2) The opponent-Joint Charity Commissioner, Vadodara is directed to admit, membership of the applicants and other villagers, if they are willing to pay membership fees of Rs.7500/- as fixed by this Court or balance amount if they are already members of the trust and already paid membership fees of Rs.1501/-, upto 30.9.2016 (3) Upon completion of enrollment of membership, the Joint Charity Commissioner, Vadodara is directed to commence and conclude the process of appointment of First Trustees after holding election in terms of order passed by this Court on 16.2.2016 in abovementioned first appeals on or before 31.12.2016 7. With this modification in the order dated 16.2.2016 passed by this Court in abovementioned first appeals, present Misc. Civil Applications stands dismissed, as aforesaid. 8. In view of dismissal of Misc. Civil Applications, Civil Application Nos. 6386/2016, 6388/2016 and 8247/2016 do not survive and the same stand disposed of accordingly.