A.H. JOSHI, J.

1. These writ petitions are taken up together for hearing and final disposal.

2. This Court by order dated 6.8.1997 in Writ Petition No.1297/1995 directed that Writ Petition No. 254/1993 be heard as lead matter amongst several writ petitions and hence, we have heard Writ Petition No. 254/1993 first and thereafter we have heard all the connected writ petitions one by one.

3. In view that the group of petitions is being heard together, it would be necessary to have a glance at the tenor of different groups out of this group petitions. Those are as follows:

(1) WRIT PETITION NO. 254/1993

This petition is filed by Urdu Education Association, who runs the Educational Institution. In this petition, the said institution is represented through its President Mr. Munaf Hussain Inayat Hussain. The object of the petition is to -

(i) seek a declaration that judgment rendered by this Court in Writ Petition No.1943/1992 is not binding on the petitioner.

(ii) declare that respondent No.3, former receiver of the Trust has no authority to appoint respondent Nos. 4 to 7 therein.

(iii) the order passed by the Education Officer on 3.12.1992, granting approval for appointments of respondent Nos.4 to 7 therein be quashed.

(iv) declaration that respondent Nos.4 to 7 therein are not entitled to any relief such as salary.

(2) WRIT PETITION NO.1297/1995

This petition is filed by Urdu Education Society through President Mr. Munaf Hussain Inayat Hussain challenging the judgment and order passed by the School Tribunal, Amravati in Appeal Nos.189/92-A to 197/92-A decided by common judgment and order dated 9.3.1995, granting reinstatement and back wages to respondent Nos.2 to 10 therein. Respondent Nos.3 to 7 in Writ Petition No.254/1993 are amongst these nine respondents.

The challenge in writ petition No.1297/1995 is based on the ground inter alia that during pendency of first appeal in the High Court between Mr. Munaf Hussain Inayat Hussain and others against the Charity Commissioner, the receiver was not and could not have functioned as administrator of the Trust etc.

(3) WRIT PETITION NO.3572/1995

This petition is filed by four appointees against the Educational Institution claimed to be run by the President Mr. Munaf Hussain Inayat Hussain. These employees had prayed for mandamus for approval to their appointments.

These four employees, whose services were terminated during pendency of the petition by orders dated 9.12.1996, have prayed for setting aside those orders and consequently, benefit of payment of salary etc..

(4) WRIT PETITION NO.1888/1993

This petition is filed by Noor Subah d/o Mohd. Nayeem Qureshi, claiming relief of mandamus against the Education Officer, seeking approval to the appointments which were made by President Mr. Munaf Hussain Inayat Hussain.

4. In support of the lead writ petition, learned Senior Advocate Shri K.H. Deshpande made the following submissions :

(a) The first board of trustees who were appointed in the scheme proceedings made on 25.2.1975 by the Deputy Charity Commissioner, Mumbai in Suo Motu Proceeding No.127/1973, in which Mr. Munaf Hussain Inayat Hussain was the president, took charge on 22.4.1991, after civil court dismissed the suit by judgment and decree dated 20.4.1991, holding that the suit is not maintainable. During pendency of said suit the appointment of these trustees was kept in abeyance, pending decision of suit. Receiver Mr. Wazir Patel, who was appointed by order in suit, stood removed because of dismissal of the suit and the first board of trustee took charge of the Trust and its properties.

(b) That the first board of trustees including the President - Munaf Hussain s/o Inayat Hussain took charge on 22.4.1991 is fully corroborated and supported by the following events:

(i) The suit itself was dismissed on 20.4.1991 putting an end to the order appointing receiver in place of the first board of trustees.

(ii) Application made by the District Government Pleade