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6. When the matter was heard, a categorical statement was made by the Counsel for the petitioners that they would withdraw the proceedings initiated by the husband of the petitioner no.1 being Misc. Case No.64 of 2024 by moving an appropriate application. In the light of the said, the matter was heard on the issue as to whether the trust is a public charitable trust or a private trust amenable to the jurisdiction of Indian Trusts Act.

7. The trust deed is on record. The said trust was created by virtue of a declaration by Dr. O.P. Chaudhary and Dr. Smt. Sneh Lata Chaudhary and was founded for furtherance of the Social Educational Dental and Medical Services across the Nation. It was specifically declared that the trustees intended to create a public charitable trust with the objects as mentioned in Clause 6 of the Trust Deed. It was specifically recorded that the purpose of the trust would be for the social benefits of people of all castes, communities and religions. In clause 4, it was specifically mentioned that the trust shall be public charitable trust and it shall be open for every person irrespective of his or her caste, creed or religion. Clause 4 of the trust deed as well as the intention of the trust as recorded is quoted below:

"And whereas the founder trustees amounts comprises of a very competent team including doctors, management consultants and the successful businessmen. Above have decided to create a public charitable trust with the objects as mentioned in the object clause (6) of this Trust Deed.
"4. Type of Trust:
That the Trust shall be a public charitable Trust. It shall be open for every person irrespective of his/ her caste, creed or religion."

6. Objects:

That the main object of the Trust will be to provide Primary, Secondary Higher Education, Dental Medical, Paramedical and Nursing School including Technical and Management Education. The activities shall be carried out for charitable purposes. The aims and objects of the Trust shall be as follows:
"13. We would emphasis what has often been overlooked that the Indian Trusts Act of 1882 does not apply to public trusts and charitable trusts. As the preamble of the Act states it is "an act to define & amend the law relating to private trusts & trustee."Section 1 of the Act says that nothing herein contained "applies to public or private, religious or chanitable endowments". Therefore, all charitable trusts are excluded from the operation of the Act. Admittedly, Shri Gopal Singh founded "an express trust for public purposes of a charitable nature", to use the language of section 92, Civil Procedure Code The object of the trust clearly show that it is a charitable turst. All charitable trusts are public trusts. Public trusts and charitable trusts are synonymous expression. They are essentially different from private trusts in that the beneficiaries are uncertain. at charitable trusts are for the benefit of the public and they are enforceable by the Advocate General suing on behalf of the public or more persons having an interest in the trust with the leave of the court. Section 92 is the special remedy for "public charities". In the case of a breach of trustor where the direction of the court is necessary for the administration of a public charity a suit can be instituted in the court of the district judge for one or more of the reliefs mentioned in the section.