Judgment :-

H.L. Gokhale J.

Civil Appeal No. 6786 of 2003 raises the question as to whether T. Thomas Educational Trust, Perambur, Chennai, is in any way a Minority Educational Trust? And if so, whether the Division Bench of the Madras High Court was justified in framing a scheme for the administration of this trust under Section 92 of Code of Civil Procedure, 1908 (`CPC' for short) by treating it as a Public Charitable Trust?

Facts leading to Civil Appeal No. 6786 of 2003 are this wise -

2. OneShri T. Thomas son of Shri Thomas Pappy, of Perambur, Chennai, started a school in Chennai by name `St. Mary's School' sometime in the year 1970. On 4.4.1975, he executed a deed of declaration of a trust by name 'T. Thomas Educational Trust' for the purpose of running of the school on the terms and conditions mentioned therein. In para 2 of this deed he declared the objects of the trust as follows:-

“2. The said Trust shall have the following objects namely –

.a. to run the said St. Mary's School,

.b. torun other Educational Institutions and Institutions allied to Educational Institutions like Research Institutions.

c. to accept donations in any manner from any person or Institutions whet