1. By means of this writ petition, the petitioner No.1 which is a trust being represented in this petition by the petitioner No.2 has questioned the show cause notice under No.F.15(1-18)/SE/GIA/2011/5623 dated 28.02.2015, Annexure-P/17 to the writ petition, by invoking the right as envisaged by Article 30(1) of the Constitution inasmuch as the petitioner No.1, hereinafter referred only as the petitioner, has been recognized as a Minority Educational Institution covered under Article 30(1) of the Constitution of India by the National Commission for Minority Education Institute on 10.03.2014 as is evident from the certificate dated 10.03.2014, Annexure-P/9 to the writ petition. In this regard, it may be relevant to mention that in exercise of powers conferred by Clause (c) of Section

2 of the National Commission Minorities Act, 1992, the Central Government by the notification under No.F.1- 1/2009/NCM has notified the Jain Community as a minority community in addition to 5(five) communities already notified as minority communities viz. Muslims, Christians, Shiks, Buddhist and Zoroastrians (Parsis) who were notified as such vide Notification No.816(E) dated 23.10.1993. 2. From the affidavit filed by the petitioner on 14.09.2015, it appears that the trust was constituted on 30.08.2006 by the members of the Jain Community. In the trust deed, Annexure-A to the said affidavit dated 14.09.2015, out of various objects as declared by the settler, one of the objects reads as under:

“Whereas the settler decided and created a trust with an object for starting a Hindu Medium School as per Jain Philosophy at Agartala especially for the wards of Jain Community people and wards of public in general who are interested in Hindi Medium education and a trust was formed, created for establishing, administering and running Hindi Medium School and Public charitable and Social services with various objects to serve the public in the field of Education, Hospital and Vocational Training etc. and various service activities for the upliftment for mankind and services to the needy in general, mainly in the educational field.”

It further appears that the trust deed dated 30.08.2006 is a reconstitution of the trust earlier declared and mentioned as ‘Hindi Junior High School Trust’ on 09.04.1960. This reconstitution, amalgamation, assignment on merger of the earlier trust to the present trust having not been the subject matter in the writ petition, any observation made in this judgment shall not be considered as approval or affirmation of this Court in respect of the said transformation of the trust. Subject to what has been observed before, this Court would proceed to decide the writ petition. It further appears that by another deed dated 10.11.2014, Annexure-B to the affidavit filed on 14.09.2015, the new trustees were incorporated in the trust.

3. It has been asserted in the writ petition that the petitioner No.2, the managing trustee has been authorised to represent the trust by the resolution dated 05.03.2015. Hindi Higher Secondary School, according the petitioner, was founded in the year 1963 by the earlier trust and it was duly affiliated by the Central Board of Secondary Education (CBSE, in short) and in course of time, it was upgraded to the Higher Secondary level under the same trust. The said Hindi Higher Secondary School was brought under the Grant-in-Aid Scheme by the State Government w.e.f. 01.09.1989. By the Notification No.F.10(34-1)DAC/89 dated 24.10.1989, the Govt. of Tripura through the Director of School Education started providing salary and other benefits to the said school w.e.f. 01.09.1989 under the Grant-in-Aid Rules. In this regard, there is no dispute. But the petitioner has asserted that the land and building of the school were belong to the petitioner. The land of the school is comprised in Khatian No.15704 and Khatian