1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.96 OF 2009 LETTERS PATENT APPEAL NO.96 OF 2009 LETTERS PATENT APPEAL NO.96 OF 2009 IN IN IN WRIT PETITION NO.8117 OF 2008 WRIT PETITION NO.8117 OF 2008 WRIT PETITION NO.8117 OF 2008 Shreerang Education Society & Ors... Appellants vs. The State of Maharashtra & Ors. .. Respondents Mr.S.G.Deshmukh for the appellants Mr.S.K.Chinchalikar, A.G.P. for respondent nos.1 and 2 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & R.G. KETKAR, JJ. R.G. KETKAR, JJ. R.G. KETKAR, JJ. DATE: 26TH MARCH, 2009 DATE: 26TH MARCH, 2009 DATE: 26TH MARCH, 2009 P.C. 1. Heard. 2. The appellant has impugned the order passed by the learned single Judge which upheld the order passed by the Assistant Charity Commissioner on an application moved before him under section 41A of the Bombay Public Trusts Act, 1950. It is the grievance of the appellant that such directions should not have been issued by the Assistant Charity Commissioner particularly when in his order, the Assistant Charity Commissioner has observed that it has no powers to entertain the relief sought in the application which was in the nature of fixation of 2 admission fees etc. of the students for the academic year. 3. We find that the Charity Commissioner was justified in the given facts and circumstances to direct the Management trust to call the special general meeting as per the bye laws of the society and take a decision in the matter because it is the responsibility of the trust to fix proper fees for students. Therefore, the learned single Judge dismissed the petition by observing that such they should convey special general body meeting as per the bye laws and shall give 15 days notice to all the members of the general body and shall also send agenda of the meeting which they propose to do and for the said purpose, the Chairman of the meeting will be elected by majority in the meeting answering requirement of quorum in the background that there is interse dispute amongst the members of the management committee. Therefore, we do not find that the learned single Judge has committed any error or illegality in passing the impugned order. Appeal is therefore, dismissed. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (R.G. Ketkar, J.) (R.G. Ketkar, J.) (R.G. Ketkar, J.)