- (1.) Civil Appeal No. 6786 of 2003 raises the question as to whether T. Thomas Educational Trust, Perambur, Chennai, is in any way a Minority Educational Trust And if so, whether the Division Bench of the Madras High Court was justified in framing a scheme for the administration of this trust under Section 92 of Code of Civil Procedure, 1908 ('CPC' for short) by treating it as a Public Charitable Trust Facts leading to Civil Appeal No. 6786 of 2003 are this wise -
(2.) One Shri T. Thomas son of Shri Thomas Pappy, of Perambur, Chennai, started a school in Chennai by name 'St. Mary's School' sometime in the year 1970. On 4.4.1975, he executed a deed of declaration of a trust by name 'T. Thomas Educational Trust' for the purpose of running of the school on the terms and conditions mentioned therein. In para 2 of this deed he declared the objects of the trust as follows:- "2. The said Trust shall have the following objects namely - a. to run the said St. Mary's School, b. to run other Educational Institutions and Institutions allied to Educational Institutions like Research Institutions. c. to accept donations in any manner from any person or Institutions whether Governmental or quasi Governmental or otherwise, for carrying out the purpose of the Trust. d. to borrow moneys from banks and/or other credit Institutions and/or individuals and/or public bodies and/or other Governmental or quasi-Governmental bodies, on the security of its properties or otherwise, for the purpose of the Trust. e. to lease out or sell or mortgage or otherwise deal with any of the properties of the Trust whether moveable or immovable for the purpose of the Trust."
(3.) In para 3 he declared that the entire control and management of the Trust including appointment of the Correspondent of the School shall rest in a 'Board of Trustee' who shall consist of the following persons namely:- (a) The Principal of the School (ex-officio) (b) Headmaster or Headmistress (c) Warden of the St. Mary's School Hostel (ex-officio) (d) A member elected from the Parents Association of the School. (e) A member elected from the Staff Council of the School. (f) Three members nominated by the above five members, having high standing in the Educational field. He nominated the First Board of Trustees in para 4. The members thereof were as follows: - (a) Rev. Fr. G.M. Thomas, B.Sc., L.T., acting Principal of the School. (b) Mr. Joseph Ebenezer, B.Sc., L.T. Headmaster (c) Mrs. Elizabeth Saraswathi, Warden of the St. Mary's English School Hostel (d) Mrs. Molly Thayil, 37, Vyasa Nagar, Madras-39 (e) Mr. J. Devaraj, B.A. (Staff Member) (f) Mrs. Mary Joshna Thomas, M.A.B.D., Prof. of History, St. Stephen's College, Pathanapuram, Kerela (g) Mr. D.V. DeMonte, M.L.C., President, Anglo Indian Association, Madras (h) Pandit M.C. Chandy, Teaching Assistant (Retd.) Madras Christian College School, Madras ;