STATE OF MADHYA PRADESH Vs. MOTHER SUPERIOR CONVENT SCHOOL

JUDGEMENT

(1.) THE order in this petition shall also govern the disposal of Miscellaneous Petition no. 216 of 1956.

(2.) THESE two petitions have been made under Articles 226 and 227 of the constitution by the State of Madhya Pradesh. Miscellaneous Petition No. 203 of 1956 is directed against the Mother Superior Convent School through Mother agnes, Mall Road, Sagar, District Sagar while Miscellaneous Petition No. 216 of 1956 is directed against Roman Catholic Church, Sagar, Roman Catholic Church, bina, Roman Catholic Church and Orphanage. Shyampura, and Rev. C. Dubbleman, Bishop House, Queen's Road, Jabalpur. In both the petitions the registrar of Public Trusts, Sagar, has been joined.

(3.) AFTER the enactment of the Madhya Pradesh Public Trusts Act, 1951, these answering respondents were invited by the Registrar of Public Trusts to get the institutions under their control registered under the Act. The institutions represented to the Registrar that they were not affected by the provisions of the act, that they were not public trusts, and that they were governed in the case of the answering respondents in Miscellaneous Petition No. 216 of 1956 by the canon law and in the case of the answering respondent in Miscellaneous Petition No. 203 of 1956 by a band of pious ladies who have pooled their energies and resources to further the cause of education and whose association is entirely voluntary and not subject to a trust.