CHAIN SINGH Vs. MATA VAISHNO DEVI SHRINE BOARD

JUDGEMENT

(1.) These civil appeals and the special leave petition arise out of and impugn the same judgment of the Division Bench of the High Court of Jammu and Kashmir which allowed the Letters Patent Appeals of the respondents.

(2.) A popular Hindu Shrine in Jammu thronged by devotees all round the year, Mata Vaishno Devi is situated on the Trikuta Hills, approximately 45 kilometers from Jammu city. The Shrine was originally managed by a trust known as Dharmarth Trust, which managed, not only the affairs of the shrine, but also looked after the welfare of the pilgrims. The actual duties of performance of Pooja and protection of the Shrine were carried out by Baridars, who belonged to the two villages in the vicinity of the Shrine. With the popularity of the Shrine increasing, there was an exponential increase in the number of pilgrims visiting the Shrine. When the number of devotees visiting the Shrine became unmanageable, there were complaints with regard to administration and management of the temple, and the facilities made available for the pilgrims. This led to the enactment of The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1986 (Governors Act No. XXXIII of 1986) which was replaced by an Act of Legislature, passed in 1988, (Act No. XVI of 1988) called The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988 (hereinafter referred to as the 1988 Act).

(3.) A statutory Board is constituted under Section 5 of the 1988 Act, of which the Governor of Jammu and Kashmir is the ex-officio Chairman. The administration, management and governance of Shri Mata Vaishno Devi Shrine and the Shrine Fund vest in the Board, which comprises a Chairman and not more than ten members. Under Section 6 of the 1988 Act, the Board is deemed to be a body corporate and shall have perpetual succession and a common seal and by the said name the Board can sue and be sued. Under Section 14 of the 1988 Act, the Board is empowered to appoint a Chief Executive Officer and such other officers and servants as it considers necessary with such designations, pay, allowances and other conditions of service as determined from time to time. Section 15 of the 1988 Act provides that the employees of the Board are deemed to be public servants within the meaning of Section 21 of the State Ranbir Penal Code (which corresponds to the Indian Penal Code) as applicable in Jammu and Kashmir area.