Union Biblical Seminary Association & Anr. vs The Learned Joint Charity Commissioner & Ors.

Heard.

In the present petition, challenge is to the judgment and order dated 16.04.2024 passed by learned Joint Charity Commissioner, Amravati in Revision No.14 of 2021, which was dismissed by upholding the order passed by Assistant Charity Commissioner in proceeding No.179 of 2018, whereby it was directed to register the Union Biblical Seminary Association as a Union Biblical Seminary Society under the provisions of Maharashtra Public Trusts Act.

The perusal of the impugned order of learned Joint Charity Commissioner clarified the fact that same was dismissed on the ground that the present petitioners did not file the proceedings within a reasonable period, the proceedings are bad for non-joinder of a necessary party, locus of petitioner No.2 to file the revision and suppression of material facts.

In the light of the observation made by learned Joint Charity Commissioner while deciding the revision, the respondent has pointed out certain basic facts of the matter which are relevant to be considered for deciding the present petition.

It is pointed out that the Union Biblical Seminary Association was initially registered under the provisions of Societies Registration Act, 1860, bearing Registration No. 60/1955-56. The Association was having its Constitution to govern the affairs of the Association. According to the said Constitution of the Society, the Principal of the Seminary shall be the Honorary Secretary of the Association and the governing body. The Association may sue or be sued in the name of Honorary Secretary or his/her nominee at the expenses of the Association.

The record further shows that the then Principal of the Seminary namely Dr. Shekhar Singh has filed a proceeding on behalf of Union Biblical Seminary Association before the Assistant Registrar of Societies, Yavatmal by invoking the powers under Societies Registration Act and seeks amendment to change the name of Association as “Union Biblical Seminary Society” as approved by the General Body of the Society. The said application was allowed by order dated 01.08.2016 and permission was granted to change the name of Association as “Union Biblical Seminary Society”.

After allowing the application by the Assistant Charity Commissioner, Yavatmal, the further proceedings were filed before the Assistant Charity Commissioner vide application No.179 of 2018 for registering the Society under the provisions of Maharashtra Public Trusts Act and prayed for registration certificate under the provisions of Bombay Public Trusts Act. The said application filed by one Pramod Waskar was allowed by Assistant Charity Commissioner, Yavatmal by his order dated 27.09.2018 and the trust was directed to be registered as per the finding recorded and certificate of “F” be issued to applicant Pramod Waskar.

In pursuance of the order of Assistant Charity Commissioner, Yavatmal dated 27.09.2018, the registration certificate was issued in favour of Union Biblical Seminary Society, Yavatmal bearing registration No. F-19514.

After issuance of the registration certificate under the provisions of Public Trusts Act, the functioning of the Society was carried out from the financial year 2018–19 and the present petitioner No.2, who was then Secretary/Principal, has made various communication to the different authorities. It is seen from the record that on 27.02.2019, he has submitted a budget before the Assistant Charity Commissioner of the Society for financial year 2019–20. Along with the said document, he has also produced the details of the trustees to the Charity Commissioner as required under the provisions of Public Trusts Act.

It is further seen from the record that in the year 2020, the services of petitioner No.2, Dr. Praveen Paul, was terminated with effect from 25.06.2020 by Union Biblical Seminary Society, and, therefore, he has filed Writ Petition No.2149 of 2020 before this Court against the termination. In his petition, he has specifically stated that the Society, which was earlier registered under the Societies Registration Act, was now registered under the provisions of Maharashtra Public Trusts Act. The said Society is an Educational Society and runs Union Biblical Seminary College at Pune and School at Bibewadi, Pune.

In the said writ petition, after issuing of notices by this Court on 13.07.2020, petitioner No.2 suo-motu withdrawn the writ petition by stating that he has been reinstated in service. But the order do not show that by relying any order, such statement was made and on that basis, the petition was withdrawn.

It is pointed out from the record that against petitioner No.2 and other persons who were interfering in the administration of the Society, the application was moved under Section 41-E of Maharashtra Public Trusts Act by the Union Biblical Seminary Society, Yavatmal and its trustees to restrain petitioner No.2 and others from operating the bank account of Society. The said application was allowed by the Joint Charity Commissioner vide order dated 11.08.2021, and petitioner No.2 and other non-applicants therein were restrained from operating or withdrawing the amount from the bank accounts.

It is further pertinent to note that the order passed by the Assistant Charity Commissioner dated 27.09.2018 was challenged by petitioner No.2 in Revision No.14 of 2021 before the Joint Charity Commissioner Amravati. In the said revision, petitioner No.2 by representing himself as Principal/Secretary of the Society has filed the proceeding. In the said proceeding, he has only impleaded Pramod Waskar and Dr. David Samuel as a necessary party. The Joint Charity Commissioner considering his submission has allowed the Revision vide judgment dated 28.01.2022 and remanded the matter for fresh inquiry before the Assistant Charity Commissioner Yavatmal.

The said judgment was then challenged by Pramod Waskar in Writ Petition No. 2361 of 2022 before this Court. This Court by considering the fact that the petitioner No.2, despite having knowledge of registration of Association as Trust without impleading the Society as a necessary party to the proceeding, the judgment and order passed by the Joint Charity Commissioner, Amravati dated 28.01.2022 was quashed and set aside. The proceeding were restored back on the file of the Joint Charity Commissioner, Amravati with direction to decide afresh after giving sufficient opportunity to the parties including the Union Biblical Seminary Society and directed all the parties to appear before the Joint Charity Commissioner, for fresh decision.

After the direction of this Court, the Joint Charity Commissioner, Amravati, then decided afresh, the Revision Application No.14 of 2021 by taking into consideration entire facts of the matter and by its judgment dated 16.04.2024 dismissed the Revision filed by petitioner No.2.

In the background of above said factual position, it it is expected from the petitioners to clarify the facts before this Court and to demonstrate the findings which were recorded by the Joint Charity Commissioner or the submission made by the respondents before the Joint Charity Commissioner are incorrect. However, petitioners failed to demonstrate any of the fact which was pointed out by the respondents is incorrect.

The petitioners harping upon the proceedings on the basis of which the Charity Commissioner has registered the association as a Society. He has not clarified the role of Petitioner No.2, who has acted upon the order of Charity Commissioner and run the administration of the College for almost two academic sessions. Therefore, in absence of any clarification of the petitioners or denial of the facts which are specifically brought to the notice of this Court, this Court cannot interfere in the reasoning recorded by the Joint Charity Commissioner in the matter.

It is further pertinent to note that in the present matter, after termination of petitioner No.2 as a Principal and adverse orders passed by Joint Charity Commissioner in all the matters initiated against the Society or by the Society, the petitioner No.2 has challenged the order of Charity Commissioner dated 27.09.2018 in the year 2021. No plausible reason has been given for delay in initiating the proceedings. All the Trustees in such circumstances would be necessary parties, but not impleaded the trustees as party. Therefore, the findings recorded by Joint Charity Commissioner in this regard seems to be in consonance with the factual and legal position.

In the present matter, the petitioners failed to point out that petitioner No.2 or either of the petitioners are the duly enrolled members of the Society. So also, they do not possess any relevant documents to show that they are anytime before were the members of the Society and they failed to demonstrate that how they are interested persons in the affairs of the Society. From their designation, it is clear that the petitioner No.2 was the Ex-principal of the College and the petitioner No.1 is appointed in the year 2024 as per the submission of the petitioners as a principal of the College. As such, they are employees of College. Society is different entity than College. Therefore, the locus of the petitioners is under cloud which is not clarified, nor justified by the petitioners in the present matter.

It is seen that the learned Joint Charity Commissioner has rightly considered the entire controversy involved in the matter and hold that the proceedings were not filed within a reasonable period, the petitioners are not the interested persons to prosecute the proceedings against the Society and failed to approach with clean hands by pointing out all the factual aspects involved in the matter.

In view of above, prima facie there is no any perversity, in the impugned judgment and order. Hence, I do not find any merit in the present petition. The present petition, therefore, stands dismissed. No order as to the costs.