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Judgment
Ali Mohammad Magrey, J
In this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the grant of following relief(s) in his favour:
"a) Issue a Writ of Certiorari or any other appropriate writ, order or direction for quashment of order dated 11.11.2019 passed by respondent No.4, in terms of which it has been held that the services of the petitioner as Director of Imam Hussain (A.S) Hospital are no more required with immediate effect.
b) Issue a Writ of Mandamus commanding the respondents to implement the order dated 11.01.2018 passed in OWP No.31/2018 in letter and spirit and allowing the petitioner to perform his duties as Honorary Director of Imam Hussain (A.S) Hospital.
c) Any other Writ, order or direction which this Hon'ble Court may deem fit and proper also be issued in favour of the petitioner and against the respondents."
The case of the petitioner is that the Trust, namely, Imam Hussain (A.S.) Foundation, was constituted in terms of the Trust Deed dated 19th of January, 1995 and reconstituted vide supplementary Trust Deed dated 29th of July, 1997. It is stated that the Trust properties, including the Imam Hussain (A.S.) Hospital and Imam Hussain (A.S.) Para-Medical College, Bemina, are managed by the Imam Hussain (A.S.) Foundation and that it has no connection with the Anjuman-e-Shari Shian which is a religious-political organization. The Imam Hussain (A.S.) Foundation is a public trust and has to be administered in terms of the Trust Deeds aforesaid. The petitioner claims to have been appointed as the Director of the Imam Hussain (A.S.) Hospital by the management of the Imam Hussain (A.S.) Foundation and is performing his duties to the best satisfaction of the management as well as in the interests of the general public. It is pleaded that the respondent No.4 and other persons, on the basis of some political interest, started interfering and meddling in the affairs and management of the Trust, compelling the Imam Hussain Foundation, through its Board of Trustees, to file a writ petition bearing OWP No. 31/2018 before this Court. In the said writ petition, as stated, this Court, while issuing notice to the respondents, in terms of order dated 11th of January, 2018, restrained the respondents therein from causing any interference in the affairs and management of the Imam Hussain (A.S.) Hospital and Imam Hussain (A.S.) Paramedical Training College, Bemina, Srinagar. It is claimed that the respondent No.4, alongwith some other persons, without any authority, executed a Trust Deed with regard to Imam Hussain (A.S.) Foundation Trust, compelling the actual Trustees to file a suit before the Court of learned Principal District Judge, Budgam, wherein the learned District Judge has passed an order dated 10th of April, 2019, staying the operation of the impugned Trust Deed dated 1st of March, 2019. The petitioner has proceeded to state that the respondent No.4, in violation of the order dated 11th of January, 2018 passed by this Court in the earlier writ petition, has issued an order dated 11th of November, 2019 whereby it has been ordered that the petitioner's services are no more required in the Hospital with immediate effect. This order issued by the respondent No.4 is assailed by the petitioner before this Court through the medium of the instant writ petition.
Today, when this matter came up for consideration, Mr N. H. Shah, the learned Senior Additional Advocate General, has raised a preliminary objection as regards the maintainability of this writ petition on the ground that no writ petition can lie against a trust which is not a statutory body.
Having heard the learned counsel for the parties and gone through the pleadings on record, I am of the considered view that since the rights involved in the instant case are purely of a private character and, therefore, no mandamus can be issued. It is settled position of law that no writ petition is maintainable against a private trust, a non-statutory body. In the event, the petitioner has any grievance as regards any action taken by the Trust, the remedy available to him was to approach the civil Court by way of a civil suit for seeking protection of his rights and interests. This Court, in no circumstances whatsoever, will not permit its extraordinary jurisdiction to be converted into a suit. In this behalf, a cue can be had from the law laid down by Hon'ble the Supreme Court in case titled 'Shri Anadi Mukta Sadguru S.M.V.S.J.M.S. Trust v. V. R. Rudani', reported as 'AIR 1989 SC 1607'.
In the above background, this writ petition is held to be not maintainable and, therefore, shall stand dismissed in limine alongwith the connected CM. The petitioner, however, shall be at liberty to work out his remedy available as may be available to him under law with regard to any action taken against him by the management of the Trust.