Judgment

S. K. DAS, J. (For himself and B. P. Sinha, C.J.I. and A. K. Sarkar and Rajagopala Ayyangar, JJ.) : This is a writ petition on behalf of two petitioners. The first petitioner is the Board of Trustees. Ayurvedic and Unani Tibbia College Delhi, through Hakim Mohammad Jamil Khan, stated to be its properly elected Secretary. The second petitioner is Hakim Mohammad Jamil Khan himself, who states that he is still one of the trustees or members of the said Board. The petition was initially filed on, behalf of the first petitioner. Subsequently, an amendment petition was moved which was allowed by us. As a result of the amendments allowed petitioner No. 2 was added as one of the petitioners, and certain new grounds of attack were added in para. 14 of the petition. To these grounds we shall advert later.

2. The short facts giving rise to the petition are these. One Hakim Muhammad Ajmal Khan was a physician (of Unani medicine) of all-India repute. He lived in Delhi and started a pharmaceutical institute in the town known as Hindustani Dawakhana in the year 1903. He also established a medical college known as the Tibbia College. He died in the year 1927. But before his death, in the ye