-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 854 OF 2008 Pravin N. Tribhuvan ...Petitioner versus The Chairman, Marathi Mission and others ... Respondents Mr. Mihir Desai for the petitioner. Mr. D.V. Sutar for respondent No.1. Mr. D.A. Nalawade, Government Pleader, for respondent Nos. 3 to 5. Mr. S.M. Kamble for respondent No.6. Ms. Prabha Badadare, intervenor, Secretary Marathi Mission, present. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: JULY 30, 2008. P.C. The petitioner is serving in the second respondent institution , Hume High School and Junior College, as a Headmaster with effect from 1st May, 2007. According to the petitioner, respondent Nos. 3 and 4 are likely to grant approval to the appointment of respondent No.6 as a Headmaster in the said School. It seems that there are two groups in the management and each of the Group is favouring the appointment of Headmaster of one another. Learned counsel for respondent No.6 submitted that respondent No.6 is having better claim for such appointment and, therefore, his claim is required to be considered for such appointment. -2- 2. Since there is a dispute amongst the trustees, it would be just and proper to direct the Charity Commissioner to adjudicate the question by finding out the majority of the so-called trustees support for appointing the petitioner or respondent No.6 as a Headmaster. The Charity Commissioner after hearing concerned parties shall decide as to who are the trustees of the institution, who can represent the management of the institution and after hearing the concerned parties, take appropriate decision in this behalf. The Charity Commissioner shall also decide as to who are the so-called trustess who form part of the management. This question may be decided by the Charity Commissioner within a period of three months from the date of communication of this order. The appointment of Headmaster accordingly will be governed by the decision of the Charity Commissioner. The learned counsel appearing for the parties assured the Court that their respective clients will co-operate with the Charity Commissioner for deciding the said issue. The learned Government Pleader has fairly stated that the Charity Commissioner will take the appropriate decision in this behalf within a stipulated time as indicated in the order. 3. It is needless to say that it will be open to the Charity Commissioner to hear all concerned parties and the concerned representatives on behalf of the institution/trust. Till the Charity Commissioner takes appropriate decision in the matter, the petitioner is permitted to work as Headmaster purely on provisional basis but he will not -3- take any policy decision and the fact that he is allowed to continue as Headmaster may not be treated as a favourable ground as ultimately the Charity Commissioner will decide as to who are the real trustees who can represent the management. 4. Subject to what is stated above, the petition is disposed of. Notice discharged. No order as to costs. 5. Parties to act on an authenticated copy of this order. P. B. MAJMUDAR, J. A.A. SAYED, J.