PANDIT VASUDEV VYAS Vs. BOARD OF MGMT S S J S PEETH
LAWS(SC)-2006-4-74
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 25,2006

PANDIT VASUDEV VIAS Appellant
VERSUS
BOARD OF MGMT. S.S.J.S. PEETH Respondents

JUDGEMENT

S.B. Sinha, J. - (1.)The Appellant herein is a Senior Professor and Dean of the Poddar Government Ayurvedic Medical College and Hospital in Mumbai. He was also the Dean of Faculty of Ayurved in the University of Bombay.
(2.)The dispute involved in this appeal, which arises out of a judgment and order dated 24th April, 2000 passed by a Division Bench of the High Court of Judicature at Bombay in L.P.A. Stamp No. 11607 of 2000, centers round the appointment to the post and seat of Jagadguru Shankaracharya Sole Trustee of the Respondent - Trust. The Appellant contends that he as a disciple of Jagadguru Shankaracharya believes that the spiritual head of well-known Math should be appointed according to traditions, customs and usages recognized by law and he should be a great scholar of Veda, Vedangas and Indian Philosophy. He should have also been initiated into sannyasi by a Guru. One Sankeshwar Peeth was established by Jagadguru Shankaracharya. The said Peeth is situated in the District of Belgaum in the State of Karnataka. Another trust known as Karveer Peeth was established in the District of Kolhapur in the State of Maharashtra.
(3.)Whereas the Karveer Peeth is registered in terms of the Bombay Public Trust Act, the Sankeshwar Peeth is registered separately. One Erande Swami is said to have been nominated by his Guru to succeed him as a sole trustee in respect of the said Sankeshwar Peeth. It is, however, contended that he expressed his inability to act as Shankaracharya The Appellant contends that both the Sankeshwar Peeth and Karveer Peeth are branches of a single entity known as Sankeshwar - Karveer Peeth. The said contention is denied and disputed by the Respondent.


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