( 1 ) THE original respondent No. 5 and 9 in Enquiry application No. 53 of 2003 on the file of Assistant Charity Commissioner, osmanabad Region, have preferred this Second Appeal against the concurrent decisions of the Assistant Charity Commissioner and District Judge, Osmanabad.

( 2 ) APPLICATION under section 50-A of the Bombay Public Trusts Act, 1950 (henceforth referred as BPT Act for the sake of brevity) was filed before the assistant Charity Commissioner, Osmanabad by present respondents No. 2 and 3 praying for framing of a scheme for the trust named as Tryambakeshwar bahuuddeshiya Shikshan Prasarak Mandal, Tamalwadi, Taluka Tuljapur, District osmanabad, registered at P. T. R. No. F-1097 (Osmanabad ). A draft scheme was annexed to the petition as annexure "a". The grounds on which the fresh scheme was said to be necessary in spite of existing scheme, can be summarised as follows :

(I) The old scheme is ambiguous, incomplete and faulty and has become obsolete. (ii) Old scheme is against the principles of democracy. (iii) The trust instead of being a public trust is converted into a private hereditary property. (iv) There has been obstruction in the progress of the trus