P.N. RETHINAKUMAR Vs. J. MANIKANDAN

JUDGEMENT

(1.) Anbanathapuram Vahaira Charities is managed by a Trust Board consisting of six trustees. The trustees shall be selected from the families of the founders of the Trust, namely 1) Pallavarayanpet Family, 2) Enathimangalam Family, 3) Anbanathapuram Family, 4) Kanganamputhur Family and 5) Kargudi Family. All the five families shall be represented in the Trust Board in such a way that there shall be at least on trustee representing each of the five families. The 6th member of the Trust Board shall go to any one of the above said families. Accordingly, out of the above said five families, one family alone shall have two representatives. Anbanathapuram Vahaira Charities Trust, shortly called A.V.C. Trust, is running a number of educational institutions including an Arts and Science college, Polytechnic college and an Engineering college. The management of the Trust properties and the educational institutions run by the Trust is governed by a scheme framed by the court.

(2.) As per the amended scheme, the Education Committee for the management of the institutions shall consists of the following members:

(3.) Out of the six members to be nominated by the Scheme Court from the five families of AVC, three shall be from the Board of Trustees of AVC and are graduates and the other three shall be from the male members of the said families who are also graduates. The nomination of the above said six members shall be so made to ensure that each of the families should necessarily have a representative and any one of the families will have two members. The selection and nomination of candidates are subject to certain disqualifications mentioned in the Rules of management. As per Rule 5 any member of the Education Committee who becomes insolvent or unsound mind or is sentenced to an imprisonment for a period of more than six months for an offence involving moral turpitude or absents himself for three consecutive meetings shall cease to be a member of the Committee.