ORDER : This is an application under Art. 226 of the Constitution, for the issue of a writ of mandamus, directing the State of Andhra Pradesh, represented by its Secretary, Social Welfare Department, to forbear from taking action under Ss. 4 and 5 of the Charitable Endowments Act 1890.

2. The facts which have given rise to this writ petition may be briefly stated. On 5-6-1950, a society, called Pammulapati Buchi Naidu College Committee, with a provisional membership of eleven members, was formed with the object of promoting education. The Society was registered under the Societies Registration Act in the Assistant Registrars Office at Guntur on 10-11-1951.

It has started a College at Nidubrole. The rules and bye-laws framed for the conduct of the affairs of the Society provide for the composition of the Committee, for a Governing Body which is to consist of the President, Vice-President and Secretary of the College Committee and other members, including two representatives of the Andhra University and the Principal of the College.

It has been provided that the Governing Body shall have full responsibility for the day to day administration of the College. Among the persons who made donations to the Society are the petitioner, his brother-in-law and several others.

3. On 4-12-1956. one Prasada Rao, the President of the College Committee, and Seshagiri Rao, one of the members of the Governing Body, filed a petition before the Government of Andhra Pradesh -alleging serious defects in the management of the College. It was therein stated that they had obtained the sanction of the Advocate-General of Madras to file a suit under S. 92 of the Code of Civil Procedure.

They prayed that the Government might take action under S. 4 of the Charitable Endowments Act of 1890 and under S. 3 of the Madras Hindu Religious and Charitable Endowments Act, 1951, to appoint a Treasurer. The Government forwarded the petition to the Commissioner for Hindu Religious and Charitable Endowments, who directed the Special Officer to make an enquiry and submit a report.

Accordingly the Special Officer conducted a detailed enquiry. He submitted his report on 2-1-1957, wherein he recommended that a Treasurer might be appointed under Ss. 4 and 5 of the Charitable Endowments Act. The Board of Revenue, to whom the report was forwarded, recommended that action might be taken under Ss. 4 and 5.

4. On 21-4-1957, the Vice Chancellor of the Andhra University addressed a communication to the Minister for Law and Religious Endowments specifying certain acts of mismanagement on the part of the Committee and suggesting that as an alternative to the disaffiliation of the College, the Government might appoint a Special Officer to take over the administration of the College.

On 21-6-1957, a Committee of the Syndicate of the University, which was appointed to enquire into the irregularities in the management of the College, drew up an elaborate report, copies of which were sent to the Secretary and Correspondent of the College, and to Prasada Rao, President of the College Committee.

In his letter dated 20-6-1957, the Deputy Secretary to the Government in the Social Welfare Department, informed the members of the Governing Body that a meeting of that body might be convened immediately and a resolution passed in accordance with the rules and bye-laws, and that an application be made to the Government to take action under Ss. 4 (1) and 5 (1) of the Charitable Endowments Act for the appointment of a Treasurer.

Copies of this communication were sent to the Director of Public Instruction and to the Vice Chancellor of the Andhra University. It was also communicated to the petitioner.

5. On 4-7-1957, six members of the Governing Body passed a resolution requesting the Government of Andhra Pradesh to appoint a Treasurer and to frame a scheme for the College under Ss. 4 (1) and 5 (1) of Act VI of 1890. Whether this resolution can be considered as a valid application under the Charitable Endowments

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