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october 1961

Supreme Court of India · 1961-10-23

THE BOARD OF TRUSTEES, AYURVEDIC ANDUNANI TIBIA COLLEGE, D vs THE STATE OF DELHI AND ANOTHER

Citation / case number
SC 1955/163
Court
Supreme Court of India
Petitioner
THE BOARD OF TRUSTEES, AYURVEDIC ANDUNANI TIBIA COLLEGE, D
Respondent
THE STATE OF DELHI AND ANOTHER
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the Tibbia College Act, 1952, ruling that the State Legislature had the authority to dissolve the existing Board of Trustees under the Societies Registration Act, 1860, and establish a new Board. The Court clarified that the old Board was not a corporation as defined under Entry 44 of List I, but rather an unincorporated society, thus falling within the legislative competence of the State under Entry 32 of List II. The Act was found not to violate Articles 14, 19(1)(f), or 31 of the Constitution, as the petitioners failed to demonstrate any mala fide intent or similar institutions being treated differently.

THE BOARD OF TRUSTEES, AYURVEDIC ANDUNANI TIBIA COLLEGE, D vs THE STATE OF DELHI AND ANOTHER · Niyam