D. Y. CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
BOARD OF TRUSTEES OF THE SHIA COLLEGE & SCHOOL – Appellant
Versus
CHANCELLOR LUCKNOW UNIVERSITY LUCKNOW – Respondent
By the Court.—The Board of Trustees of the Shia College and School and other connected institutions, Lucknow is a Society which is registered under the Societies Registration Act, 1860 (Act of 1860). The Society was registered in 1919 and is managed in accordance with its registered bye-laws. The Society runs and administers a Postgraduate College, known as Shia Postgraduate College, Lucknow which is affiliated to the University of Lucknow. The Society also runs and administers other institutions.
2. The Constitution of the Society provides that the governing body shall be the Board of Trustees consisting of the President, two Vice Presidents, the Honorary Secretary, the Joint Secretary and such number of Trustees as may be determined in the manner thereafter provided.
3. Clause 4 of the Constitution provides as follows:
“4. (a) The number of Trustees shall not be less than seventy and shall not exceed one hundred. At least forty percent of the said Trustees shall be persons possessing any of the qualifications mentioned in Section 5 (b) clause (2), (3) and (4), and at least five of the Trustees shall be Shia Mujtahids or recognized Shia Ulama-e-din.
(b) except as other wis
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