IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11/10/2011 CORAM THE HON'BLE MR.JUSTICE VINOD K.SHARMA A.No.3778 of 2011 in C.S.No.438 of 2000 C.RAJENDRA VS 1 C.MALLIKARJUNAN, S/O.C.GANESA MUDALIAR, NO.6,SYFALMULK ST., CH 2. 2 G.GAJAPATHY, S/O.GANGAIAH CHETTY, NO.1,SYFULMULK ST., CH 2. 3 C. RAMGOPAL . 4 C. RAGHUNADHAN 37 SINGARACHARI ST CHENNAI 5 ORDER C.Mallikarjunan and G.Gajapathy filed a Civil Suit No.438 of 2000 praying therein for framing a scheme for the management of the Trust, called as R.B.A.N.C. Trust at No.37, Singarachari Street, Triplicane, Chennai and further directing the defendants 2 to 5 to render true and proper accounts of Trust and its school to this Court since 1994. The plaintiffs also prayed for appointing a committee to administer the R.B.A.N.C. Primary / Higher Secondary School and Nursery School of the Trust, situated at No.26, Sami Chetty Street, and 8, Chandra Banuse Street, Komaleeswaranpet, Chennai, and for being appointed as one of the members of the proposed committee. 2. Learned counsel for the parties consented to the framing of a scheme by this Court in the interest and welfare of Trust. It was also decided that the Interim Committee constituted by this Court was to give way to the new management of Trustees to be appointed as per the scheme. 3. A draft scheme was submitted by the Plaintiffs proposing six persons to be appointed as Trustees, i.e. one from Testator's legal heir or anyone of the Arya Vysia Community, one person from the old students of the High School, one from the educational field, one person from the parents-teachers association and two persons from the locality owning immovable property. It was proposed in the scheme that the tenure of the Trustees be fixed as three years with option for re-nomination for another one term. It was also proposed that the Trust be the Educational Agency of the school run by the Trust with a common school committee for all the four schools. 4. The Trustees were to be empowered to nominate the President and Secretaries of the school committee, who shall also not hold the office for three years. 5. The stand of the defendants to the proposed scheme was that the properties shown in Item Nos.1 to 4 in the schedule belong to the Trust, whereas the properties mentioned under Item Nos.5 and 6 were separate and exclusive properties belonging to Chittapuram Sri Ranga Nacharramma and Rokkam Lakshmi Trust, therefore, were to be excluded. 6. The defendants however conceded that though running of the school was not one of the objects under the Will, but in the interest of the students, the defendants did not have any objection for inclusion of schools for being administered by the Trust. 7. There was, however, opposition to the mode of appointment of Trustees on the ground that all the Trustees should be appointed from the Arya Vysia Community as per the desire of the Testators spelt out in the Will. The defendants also proposed that in view of the importance given to A.V.Namperumal Chetty, a close relative or family of the Testator was entitled to be appointed as one of Trustees. 8. With regard to running of the educational institution, the stand of the defendants, was that the said Trust would become the educational agency, and run the educational institution by the Act and Rules governing the institutions, thus, there was no need for prescribing any scheme for appointment of School Committees, as the educational agency could run the school as per the Act and Rules. It was also the stand of the defendants that existing Trustees could not be removed and they were eligible for appointment as first Trustees on framing of scheme. 9. It was proposed by the defendants that for appointment of the Trustees, the qualification of Age should be between 30 and 70 years. The term of office of the Trustees be of five years with an option of reappointment for another term. 10. A draft scheme was also submitted by the defendant nos. 1 , 3 and 4, showing the objects of the Trust with the authority to the Trust to donate and to accept donations. They wanted the Trustees to be appointed for lifetime, that too from Arya Vysia Community residing at Chennai. It was submitted that the person, who was not residing at Chennai, but belonged to Arya Vysia Community would be ineligible to be appointed as a Trustee. It was the proposal of defendant nos. 1, 3 and 4 that the Trust shall be the educational agency for the schools with separate committees for running them. 11. In the reply to the scheme of the defendant nos. 1, 3 and 4, the stand of the plaintiffs was that only one person should be appointed from Arya Vysia Community. 12. This Court considered the respective stand of the parties and framed the following scheme: 1. Name of the Trust: The Trust is called as Rao Bahadur Allathore Nathamoony Chetty Charitable Trust (R.B.A.N.C.T) 2. Object of the Trust: a) to maintain an Orphanage under the name and style of Rao Bahadur Nathamoony Chetty Home for Orphans (R.B.A.N.C.H.O) b) to provide education all all the inmates of the Orphanage including Vocational Training. c) to make donations subject to availability of funds under the following heads: i.religious charities as per the testator's will dated 23.07.1949. ii.donation for marriage; iii.donation for education; iv.general donations for religious & auspicious ceremonies; v.donations for medical needs for poor and needy; vi.providing lodging for pilgrims free of cost irrespective of their caste and creed in Hindu Religion and giving only preferential treatment to Arya Vysia Hindus; vii.to do any other act which is in consonance with charitable intention meant by the Testator in the Will dated 23.07.1949. 3. Number of Trustees: The above said Trust shall be managed by a Board of 9 Trustees. 4. Qualification of the Trustees: The basis qualification for the appointment of a Trustee is as follows: i)he/she should belong to Arya Vysia Community; ii)he/she must be a resident of Chennai; iii)he/she should have completed a minimum of 30 years of age; iv)the maximum age for the Trustee is 70 years. (it is made clear that all the above conditions must be satisfied, which means, a person to become eligible as a Trustee should belong to Arya Vysia Community, should be a resident of Chennai, should have completed 30 years of age and should not have completed 70 years) First preference should be given to the close relatives / family members of A.V.Namperumal Chettry for one post of Trusteeship and if none comes forward to accept the post from that family, then only any other person from the same community should be considered for that post. Before appointing any Trustee in a vacant post, wide publicity must be given like publishing in two newspapers of the locality, of which, one is in Tamil and another in English calling for names form the A.V.Mahila Sabah or from similar sabhas. 5. Disqualification of Trustees: The following persons shall not be eligible for appointment of Trustees. i.a person not having any Hindu faith; ii.Non-Hindu; iii.Non-Arya Vysia; iv.Non-resident of Chennai; v.An insolvent; vi.a person against whom a criminal complaint involving moral turpitude is made and has been convicted for such an offence involving moral turpitude by a competent Court and sentenced to imprisonment; vii.mentally unsound persons. 6. Tenure: A trustee appointed to the Trust shall hold office for five years from the date of his appointment and he/she is eligible to be re-appointed for another term of five years only. Nobody is eligible to be appointed for more than two terms. 7. Vacancy: If any vacancy arises in the post of Trusteeship, the same shall be filled up by other Trustees by following the relevant rules and regulations framed in the scheme. 8. Managing Trustee: Within the 9 Trustees of the Trust, one must be its Managing Trustee who is from the family of A.V.Namperumal Chetty. If no Trustee is appointed from the family of A.V.Namperumal Chetty, then, the Trustees can elect one among them as the Managing Trustee. 9. Functions of the Trustees: They should take care of all the properties of the Trust. To maintain proper accounts of the Trust including the accounts of the Schools run by the Trust. They shall also administer the estate of the Founder's mother-in-law namely Chittapuram Sri Ranga Nacharamma and Rokkam Lakshmi Nacharamma and conduct the charities and affairs of the two estates and also shall maintain the Ramanujakudam in Sri Rangam and Chennai properties belonging to the above said estates. To audit the accounts of the Trust for every financial year, as per the provisions of the Act governing those fields. The Trustees shall maintain and run and administer the Orphanages; The Trustees shall maintain the choultries; The Trustees shall maintain the founder's house in Nanguneri Village as Choultry for Charitable and Religious purposes. To maintain and administer to run the schools and to govern their accounts. 10. Functions of the Managing Trustee: The Managing Trustee shall act on the basis of the resolutions passed at the meetings of the Trustees. The Managing Trustee shall be responsible for proper maintenance of accounts and administration of the Trust's funds. 11. Operation of Bank Accounts: The Trust has got Savings Bank accounts with UCO Bank and Punjab National Bank, at Triplicane. Both these accounts shall be operated jointly by the Managing Trustee and any one of the remaining Trustees as decided by the majority. 12. Power of the Trust to purchase any property and to alienate its properties: The leave of the Court is a pre-condition for the Trust to purchase any property or to alienate its properties. No alienation nor any purchase made shall become valid only when prior sanction is obtained from this Court. 13. Removal of doubts: If any doubt arises with regard to any of the terms and conditions above mentioned or with regard to the interpretation or implementation of the same, the same shall be got clarified by getting an opinion of this Court." 13. This Court, after framing the scheme of the Trust, ordered appointment of Trustees, as per the scheme and further directed the Plaintiffs and the defendants to file applications disclosing the names, mode and source of identifying the persons as contemplated in the scheme. 14. In pursuance to the order passed by this Court, a proposal was received for appointment of Trustees from the following 13 persons, namely, 1.K.Shyam Sundar 2.C.Rajendra 3.C.Raghunahdhan 4.B.Suresh 5.P.Radhakrishna 6.K.Sankara Rao 7.T.Anjan Kumar 8.J.Suresh 9.S.L.Sivashanmugham 10.Gollapudi Murali Mohan 11.A.Sumanath 12.K.Srilakshmi Mohan 13.K.Uma Maheswari 15. This Court issued notice for holding interview for appointment of Trustees as per the scheme. 16. The sample notice issued to the applicants reads as under: "You are hereby directed to appear before the Hon'ble Judge (Original Side) for an interview on 10.10.2011 at 2.15 p.m. with respect to selection of fit persons for occupying the post of Trustees in the Nathamoony Chetty Charitable Trust shortly called as R.B.A.W.C.Trust as per the order of this Hon'ble Court dated 20.09.2011 and made in Application No.3778/2011 in C.S.No.438 of 2000. The receipt of the Letter may kindly be acknowledged." Out of 13 applicants, only the following 10 applicants appeared for interview, namely, 1)C.Rajendra 2)C.Raghunahdhan 3)B.Suresh 4)K.Sankara Rao 5)T.Anjan Kumar 6)J.Suresh 7)S.L.Sivashanmugham 8)Gollapudi Murali Mohan 9)A.Sumanath 10)K.Srilakshmi Mohan 17. It is seen that these applications have been received through learned counsel for the defendant no.3. This does not satisfy the order passed by this Court. 18. Therefore, the defendant no.3 is directed to publish advertisement in newspapers calling for applications for appointment of Trustees through A.V.Mahila Sabah or similar Mahila Sabahs. 19. The needful be done within a period of two weeks from the date of receipt of certified copy of this order. Post on 14.11.2011 after notice to counsel for the parties. ar