Hon’ble Sudhir Agarwal, J.—Both these writ petitions are connected having common questions of law and facts and related to same institution, a premier and prestigious higher educational institution at Agra, namely, Raja Balwant Singh College, Agra (hereinafter referred to as the “College”).

2. Certain factual matrix giving a bird eye view of the matter to understand the dispute may be stated as under.

3. Under the provisions of Codicil-Will of late Raja Balwant Singh of Awagarh (Etah), a private trust was founded on 31.5.1909. An application was made in the year 1915 to the local Government of United Provinces of Agra and Oudh by majority of members of Committee of Management of Balwant Rajput High School, Agra for security for money and immoveable property and land set forth in Schedule-I. The request was made to vest property in Treasurer of Charitable Endowment for United Provinces of Agra and Oudh (hereinafter referred to as the “Treasurer”) on the following terms: “the income from the funds and property of the Trust shall be applied to the maintenance of the Balwant Rajput High School, Agra, and to the maintenance of the boarding house attached to the said school as laid down in para 18 of the scheme appended thereto.”

4. It appears that a notice was issued on 16.6.1915 whereupon one objection was filed by Pt. Madan Mohan Malviya of Allahabad on 16.7.1915. The Government rejected objection and on 28.7.1915 issued notification under Section 4(1) of Charitable Endowments Act, 1890 (hereinafter referred to as “Act, 1890”) declaring the securities for money and immoveable properties as stated in the latter and land as vested in “Treasurer”.

5. The scheme of management provided in Schedule-II of the said notification contain 27 clauses and relevant ones are referred as under:

“1. His Highness Major General Maharaja Sir Pratap Singh Bahadur, CCSI, GCIE of Kashmir and Jammu shall be the patron of the Balwant Rajput High School.

2. His Honour the Lieutenant Governor of the United Provinces shall be the visitor, with power to advise regarding the affairs of the school.

3. The management and governance of the said school shall vest in a committee of management compound of:

(a) The Disst. & Session Judge, Agra for the time being.

(b) The Inspector of Schools for the Agra circle for the time being.

(c) The Civil Surgeon of Agra for the time being.

(d) The Raja of Awagarh and his successor for the time being, to the gaddi of the Awagarh estate provided that whenever the Raja is a minor the manager of the estate for the time being.

(e) Eleven members of the committee of management to be appointed as hereinafter prescribed.

4. The eleven persons who shall be the first member of the said committee of management are:

1. Raja Kushal Pal Singh of Kotla

2. Thakur Dhian Pal Singh

3. Diwan Chet Singh

4. Thakur Jawant Singh

5. Thakur Kalyan Singh

6. The Hon’ble Pandit Madan Mohan Malviya

7. Munshi Shankar Dayal

8. Thakur Udaivir Singh, Barrister of Law

9. Thakur Jogendra Pal Singh

10. Kunwar Drigpal Singh

11. Thakur Hanumant Singh

5. That in case a member of the committee of management resigns or otherwise ceases to be a member of the said committee, the remaining members of the committee shall within three months or within such further time as the Local Govt. may allow of the offices of a member failing vacant elect another qualified members to fill up the said vacancy and notify such election to the local Government.

6. That in the event of the remaining of the committee failing to elect a member to fill up the said vacancy within the period aforesaid the local govt. shall appoint a qualified person to fill up the said vacancy.

7. That the Disst. & Session Judge, Agra for the time being shall be the President of the committee.

8. The Raja of Awagarh for the time being shall be Vice-President provided that he be not a minor.

9. The first Secretary of the said committee shall be Thakur Dhian Pal Singh and in case of his resignation or c