Section 92 CPC maintainable for Societies: Operation Asha v. Shelly Batra

Section 92 of the CPC is maintainable and applies to public trusts and constructive trusts. In Operation Asha vs. Shelly Batra, a non-profit society that works for disadvantaged communities, the Apex Court found that the Doctrine of Constructive Trust applies even if societies are registered under the Societies Registration Act, 1860 as long as some fiduciary criteria are met.

The aim and objective of Operation Asha is of public and charitable nature. All the incomes, earnings, properties and MoAs are to be solely dedicated to promote the society’s aims. Furthermore, the strict “non-profit” rule of the society determines the society to have a credible fiduciary relationship in this scenario. 

A bench of Justices J B Pardiwala and R Mahadevan reaffirmed the English principle of constructive trusts for application in Indian courts too. The codification of the constructive trust principles was to limit judicial discretion but it does not mean that the doctrine has been removed from Indian law. The 2019 judgment in Janardan Dagdu Khomane and Another v. Eknath Bhiku Yadav & Ors. had elaborated upon this concept. 

The repeal of Section 94 of the Trusts Act, 1882 by Benami Transactions Prohibition Act, 1988 does not prevent the Court from declaring a trust outside the scope of this Act. In Sugra Bibi v. Hazi Kummu Mia (1968), the Court stressed on the dominant purpose of the plaint which must be in furtherance of public interest. Section 92 suits need to be motivated from representative capacity to vindicate public rights and not merely individual interests. 

The serious allegations of mismanagement and financial misconduct affecting the public interest may be pursued under Section 92 because it is a special provision. However, personal grievances need to be addressed separately. Even if certain private rights are agitated, it does not take away the importance of the other allegations.

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Legal Officer Recruitment at Ministry of External Affairs 2025 – Apply Now

The Legal Officer Recruitment at Ministry of External Affairs 2025 is an exciting opportunity for seasoned legal professionals to join the Legal & Treaties Division (L&T Division) of the Ministry of External Affairs (MEA). With two vacancies open in New Delhi, this recruitment offers a prestigious government role involving high-level legal advisory work on international law, treaties, and foreign policy matters.

The Legal Officer Recruitment at Ministry of External Affairs 2025 is open to experienced legal professionals from across India. The positions are based in New Delhi, and applications are invited through the Union Public Service Commission’s Online Recruitment Application (ORA) portal.

Key Highlights – Legal Officer Recruitment at Ministry of External Affairs 2025

  • Department: Legal & Treaties Division, Ministry of External Affairs (MEA)
  • Vacancy No.: 25050601224
  • Location: New Delhi
  • Number of Vacancies: 2 (UR – 02)
  • Pay Scale: Level 12 (Rs. 78,800 – Rs. 2,09,200 as per 7th CPC Pay Matrix)
  • Age Limit: Up to 50 years (Unreserved)

The positions are permanent and involve legal advisory work at the highest level, dealing with India’s obligations and engagements in international legal forums, treaties, conventions, and cross-border legal matters.

Eligibility Criteria

To apply for the Legal Officer Recruitment at Ministry of External Affairs 2025, the following qualifications and experience are required:

Essential Qualification:

  • A Master’s Degree in Law from a recognized university or institute with specialization in one or more of the following fields:
    • International Law
    • International Relations
    • International Organizations

Experience:

  • A minimum of 10 years’ experience as:
    • An Advocate
    • A legal professional
    • A legal researcher
    Out of this, at least 8 years must be specifically in the field of International Law or International Relations.

Desirable Qualification:

  • Certificate(s) of proficiency in foreign languages, with a minimum duration of 6 months or more from a recognized institute or university.

Role and Responsibilities

The selected Legal Officers will work in the Legal & Treaties Division and handle a broad spectrum of international legal issues that India engages with globally. Core duties include:

  • Providing legal advice on international treaties, agreements, and conventions
  • Assisting in negotiations and legal vetting of bilateral/multilateral treaties
  • Dealing with issues under the law of the sea, international rivers, boundary issues, and dispute resolution
  • Representing or assisting India’s position before international legal forums
  • Preparing legal opinions and advising on compliance with international legal standards

Inclusivity and Accessibility

The recruitment is open to Persons with Benchmark Disabilities (PwBD). Candidates with the following disabilities are encouraged to apply:

  • Blindness/Low Vision
  • Deaf/Hard of Hearing
  • Locomotor Disability
  • Neurological Disabilities
  • Intellectual Disability

Appropriate accommodations and inclusivity measures are expected to be observed during the recruitment process.

Application Process

Applications for the Legal Officer Recruitment at Ministry of External Affairs 2025 must be submitted through UPSC’s Online Recruitment Application (ORA) platform:

Apply Here: https://upsconline.gov.in/ora/

Opening Date for Application: 24 May 2025
Closing Date for Application: 12 June 2025, by 11:59 PM

Candidates are advised to apply well before the deadline and avoid last-minute submissions due to possible technical delays.

Before applying, ensure you have the following:

  • Updated CV and educational records
  • Certificates proving experience and specialization
  • PwBD documentation (if applicable)
  • Valid certificate in foreign language (if claiming desirability criteria)

Why You Should Apply

Working as a Legal Officer in MEA’s Legal & Treaties Division offers:

  • A chance to serve India at the international legal stage
  • Strategic and meaningful work influencing foreign policy
  • Interaction with high-level legal issues and international stakeholders
  • Opportunities to attend global legal forums and multilateral platforms
  • Career advancement through a stable, respected government legal role

If you are passionate about public service, diplomacy, international law, and treaty affairs, the Legal Officer Recruitment at Ministry of External Affairs 2025 is your gateway to meaningful legal service at the national level.


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