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2001 Supreme(Bom) 878

R.M.LODHA, NISHITA MHATRE
Bombay Institution for Deaf & Mutes & another – Appellant
Versus
Department of Social Welfare & others – Respondent


JUDGMENT - R.M. LODHA, J.:---The petitioners in this writ petition have principally prayed that the Government Resolutions dated 27-3-1991 (Exhibit A) and 23-3-1994 (Exhibit B) be declared ultra vires unconstitutional, null and void and in the alternative for a writ or mandamus or any other writ, order or direction to respondents forbearing them from applying the directions in the Government Resolutions dated 27-3-1991 and 23-3-1994 to the school run by the petitioners.

2. Bombay Institution for Deaf and Mutes is petitioner No. 1 before us which is a public trust registered under the provisions of Bombay Public Trusts Act, 1950. Petitioner No. 2 is the trustee of petitioner No. 1. Petitioner No. 1 institution is established by a religious minority, namely, Roman Catholic Community. The members of petitioner No. 1 trust are all Roman Catholics. It is petitioners case that petitioner No. 1 trust was created by an Indenture dated 19-12-1902. The Memorandum of Association of petitioner No. 1 provides for education to male and female deaf and mutes of all classes and of all characters so as to enable them to earn an independent livelihood in their life and useful members of the society.


















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