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Shri Viresh Pratap Chaudhary stated that it would be in the fitness of things if the two vacancies that have occurred in the Board of Trustees, consequent to the resignation of Shri P.T.Kuriakose and Dr.L.S.Kothari, were filled as early as possible. After some deliberations, it was decided that the Trustees might recommend suitable names to the Chairman within a month and the Chairman, in consultation with the Managing Trustee, might then induct two more Trustees in the Board of Trustees."

I also remember Rajat discussing the name of the candidate which he had proposed and few other names including that of Shri Gopal Gandhi. However, we frankly did not get a chance to discuss other recommended names given by the other present Trustees of the Indian Youth Centres Trust. In view of the same no two categorical names of the Trustees were finalized between yourself and me.

In the history of this August Body there has never arisen any dispute over the appointment of Trustees. Hence I would humbly request you to immediately put in abeyance the appointment of the above 3 Trustees."

7. In reply whereto, and also to a similar protest letter sent to the Chairman by Rajat Kumar Narayan, the Chairman of the Trust responded vide his reply dated April 15, 2009 as under:-

"I find that some of the facts in your letter, as also the letter of Shri Rajat Narain ji have not been correctly set out. The correct facts, so far as I know, are as under:-

You have in your letter under reference, set out correctly the relevant extracts of the Proceedings of the Meeting of the Board of Trustees held on 23.10.2007. However, when that matter came up again in the Meeting of the Board of Trustees held on 11.10.2008, Shri Viresh Pratap Chaudhury ji pointed out that apart from two vacancies on the Board of Trustees, another vacancy on account of the demise of Shri Ravindra Verma ji had since arisen, and that the same should also be filled by the same process, as had been decided n the Meeting of the Board of Trustees held on 23.10.2007. This was agreed to in the Meeting. However, when the Draft Minutes of the Meeting held on 11.10.2008 were circulated by Shri Suresh Ambekar, Director of the Kendra, there was no mention of the said point in the Draft Minutes. I came to know that Shri Viresh Pratap Chaudhry ji had sent a letter in response to the Draft Minutes for incorporation of the said point in the Minutes and Shri Chaudhry ji has sent me a copy of the letter which he had written to Dr.Ambekar in this behalf. Even otherwise, the clear vacancy arose due to the sudden passing away of former Chairman Shri Ravindra Verma ji. Therefore there were three clear vacancies existed on the Board.

9. Not being too sure whether the relief claimed by them was personal i.e. an inter-se dispute between the three plaintiff trustees and the other two trustees and the co-opted three trustees and hence Section 92 of the Code of Civil Procedure not attracted or whether the issue related to the breach of a public charitable trust, they filed an application seeking leave to institute the suit under Section 92 of the Code of Civil Procedure.