- (1.) This petition was called for admission before this Court on 23rd March 2015 and thereafter on 26th March 2015 when it was posted for final disposal with the consent of parties. On 26th March 2015 this Court recorded that the counsel for the Respondents gave up their right to file a counter affidavit and consented to proceed for a final disposal of the writ petition itself. They reserved their right to file an affidavit bringing on record any further material or documentation that may be required for this purpose. Pursuant to the said liberty, the said respondents have filed a short affidavit which was taken on record. But first the brief facts.
(2.) On or about 11/9/2013, one Mr. Mohd. Aslam Shamsi, the family patriarch, constituted a Trust called the Indian-Al-Muslima Welfare Charitable Trust. This Trust was admittedly registered under the Societies Registration Act, 1860. This body hereinafter for the sake of brevity shall be referred to as the "Trust/Society". From the affidavit filed on behalf of the contesting respondents and more particularly from the documents appended as Anexures SCA-2 and SCA-3 thereof it appears that the original memorandum of the Trust/Society underwent certain changes. While Annexure-1 to the writ petition mentions 5 persons as being the founder Trustees and designates the offices held by them in the Trust/Society, the document filed along with the affidavit of the respondents mentions the Founder Trustees to be 9. The memorandum appended to the writ petition mentions the petitioner nos. 1 and 2 at Serial Nos. 3 and 5 of the list of Founder Trustees and as per the recitals contained therein designates them as the Secretary and Treasurer respectively, it does not carry the name of the respondent no.4 who was also the son of the founder namely Mohd. Aslam Shamsi. It is also relevant to note here that while the name of the respondent no.4 is absent from the name of the Founder Trustees in the document appearing at page 35 of the writ petition, his name stands included at serial no.9 of the list of Founder Trustees in the document appended at page 16 of the affidavit of the respondents. Curiously however, the Memorandum of Association appended with the affidavit of the respondents is a replica of Annexure-1 to the writ petition and does not carry the name of the respondent no.4 and mentions the name of the original 5 persons including the petitioner nos. 1 and 2 as the Founder Trustees.
(3.) One of the primary objects of the Trust/Society and as mentioned in its memorandum was to establish, promote, and operate in Uttar Pradesh, and also the Union of India, school, colleges and Technical institutions of high standard. It appears that it was pursuant to and in implementation of the said purpose that Muslima Girls Degree College, Moradabad came to be established. The Muslima Girls Degree College, Moradabad was also separately registered under the provisions of the Act, 1860 and shall for the purposes of convenience hereinafter be referred to as the "College/Society". As per Clause 5 of the memorandum of the said College/Society, the members of the first Managing Committee stood mentioned therein. It is not disputed by the learned counsel for the respective parties that neither the petitioner no.1 nor the petitioner no.2 nor the Respondent No. 4 were members of the Committee of Management of the College. What is submitted is that all three were members of the General Body of the College/Society.;