Association Of Founders Of The ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 4384 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                       MAIN CASE No.W.P.No.24853 of 2021


                                     PROCEEDING SHEET

Sl.No     DATE                                                                 Office
                                             ORDER

Note 28.10.2021 RRR, J

Notice before admission.

This Court by order dated 14.09.2021 in W.P.No.22289 of 2020 had held that the right of the family members of the founder family to become a Trustee/Chairman of the Trust Board, flows from the provisions of Sections 17 and 20 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, and in that process, the members of the founder family would have to be appointed as Trustee/Chairman of the Trust Board in accordance with the provisions of the Act and for that purpose there can be some verification as to the qualification and disqualification relating to a person recognized as a member of the founder family.

On the basis of the said judgment, the Commissioner of Endowments has now issued a Circular bearing RC.N.B3/12022(31)/21/2021, dated 17.10.2021 where a direction has been given to all the competent authorities issuing notifications calling for applications for appointment of trustees to an institution, to obtain a police report and verify antecedents before the member of the founder family is appointed as a Trustee/Chairman of the Trust Board.

The petitioner-association is aggrieved by the said circular and has approached this Court by way of the present writ petition.

Learned G.P. for Endowments seeks time to obtain instructions and file counter.

In view of the fact that the judgment of this Court did not require any police report to be obtained nor verification of antecedents to the extent of obtaining police reports, there shall be an interim stay of the Circular dated 17.10.2021 to the extent of obtaining police reports and verification of antecedents in relation to the members of the founder family of the institution.

Post on 22.11.2021.

_________ RRR, J