Case Note & Summary
The petitioner, R. B. Bohora Educational & Welfare Trust, a public trust registered under the Maharashtra Public Trusts Act, 1950, challenged an order dated 28 June 2010 passed by respondent No.9 (Deputy Charity Commissioner) in Application No.61 of 2010. The order directed the trust to issue a public apology in two widely circulated newspapers in Nashik City to students and parents who allegedly suffered due to refusal of admission by the CBSE Board. The trust had established a school named New Era English School, which obtained SSC Board affiliation in 2002. In 2004, the trust obtained a No Objection Certificate to seek CBSE affiliation, but the CBSE Board rejected the application after an inspection on 28 February 2009, and the appeal was also rejected. Subsequently, the school committee informed parents about the rejection. On 12 January 2010, respondent Nos.1 to 4 filed an application alleging that parents and students were cheated by misrepresentation that the school was affiliated to CBSE. The Deputy Charity Commissioner passed the impugned order directing a public apology. The High Court held that the Maharashtra Public Trusts Act, 1950 does not confer any power on the Charity Commissioner or Deputy Charity Commissioner to direct a public trust to issue a public apology. The order was without jurisdiction and also violated principles of natural justice as no opportunity of hearing was given to the trust. The court quashed the order and allowed the petition.
Headnote
A) Public Trusts Act - Jurisdiction of Charity Commissioner - Direction to Issue Public Apology - Maharashtra Public Trusts Act, 1950 - The Charity Commissioner or the Deputy Charity Commissioner does not have the power under the Act to direct a public trust to issue a public apology. The order directing such apology was held to be without jurisdiction and beyond the scope of the Act. (Paras 1-5)
B) Natural Justice - Opportunity of Hearing - Adverse Order - Principles of Natural Justice - The order directing public apology was passed without giving the petitioner trust an opportunity of hearing, violating principles of natural justice. (Para 5)
Issue of Consideration
Whether the respondent No.9 had the jurisdiction and authority under the Maharashtra Public Trusts Act, 1950 to direct the petitioner Trust to issue a public apology to students and parents for alleged misrepresentation regarding CBSE affiliation.
Final Decision
The High Court allowed the writ petition and quashed the order dated 28 June 2010 passed by respondent No.9 in Application No.61 of 2010.
Law Points
- Public trust cannot be directed to issue public apology without statutory authority
- Maharashtra Public Trusts Act
- 1950 does not empower such direction
- natural justice requires opportunity of hearing before adverse order
Case Details
2026 LawText (BOM) (01) 222
Writ Petition No.5595 of 2010
Mr. C. G. Gavnekar a/w Mr. Rohit Parab, for the Petitioner; Ms. V. S. Nimbalkar, AGP, for the State – Respondent No.9; Mr. Ajinkya Jagdale i/b Shekhar Jagtap, J Shekhar & Co., for Respondent Nos.1, 3, and 4; Mr. Suhas S. Deokar a/w Tanmay M. Shumbavanekar, for Respondent Nos.5 to 8.
R. B. Bohora Educational & Welfare Trust
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Deputy Charity Commissioner directing public trust to issue public apology.
Remedy Sought
Quashing of order dated 28 June 2010 passed by respondent No.9 in Application No.61 of 2010.
Filing Reason
The petitioner trust was directed to issue a public apology to students and parents for alleged misrepresentation regarding CBSE affiliation, which the trust contended was without jurisdiction.
Previous Decisions
The Deputy Charity Commissioner passed the impugned order on 28 June 2010 in Application No.61 of 2010.
Issues
Whether the Deputy Charity Commissioner had jurisdiction under the Maharashtra Public Trusts Act, 1950 to direct a public trust to issue a public apology.
Whether the order was passed in violation of principles of natural justice.
Submissions/Arguments
The petitioner argued that the Maharashtra Public Trusts Act, 1950 does not confer any power on the Charity Commissioner or Deputy Charity Commissioner to direct a public trust to issue a public apology.
The petitioner also argued that no opportunity of hearing was given before passing the adverse order.
Ratio Decidendi
The Maharashtra Public Trusts Act, 1950 does not empower the Charity Commissioner or Deputy Charity Commissioner to direct a public trust to issue a public apology. Such an order is without jurisdiction and also violates principles of natural justice if passed without hearing the trust.
Judgment Excerpts
The petitioner is a public trust duly registered under the provisions of the Maharashtra Public Trusts Act, 1950.
The present petition assails the judgment and order dated 28 June 2010 passed by respondent No.9 in Application No.61 of 2010.
By the said order, the petitioner Trust was directed to issue a public apology to the students and their parents who were alleged to have suffered on account of refusal of admission by the CBSE Board.
Procedural History
The petitioner trust filed an application for CBSE affiliation which was rejected. Parents filed an application before the Deputy Charity Commissioner alleging misrepresentation. The Deputy Charity Commissioner passed an order on 28 June 2010 directing the trust to issue a public apology. The trust challenged this order by filing Writ Petition No.5595 of 2010 before the Bombay High Court.
Acts & Sections
- Maharashtra Public Trusts Act, 1950:
