MUMTAZ BEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Administrator, Karnataka State Board of Wakfs, Bangalore (for short 'the Board'), in exercise of power conferred under S. 18 of the Wakf Act, 1995, constituted the District Wakf Advisory Committee, Mysore District (for short 'DWAC') on 08.10.2010. In the 7th meeting of the DWAC, Mysore, held on 16.01.2012 expressing no confidence on Mr. Syed Amjad, the Chairman of the Committee, it was resolved to request the Board to replace Mr. Syed Amjad and appoint Mr. Urooj Ahemed as the Chairman and the petitioner, a Member as Vice Chairman of DWAC, Mysore. An official memorandum dated 28.02.2012, as at Annexure -D was issued and the petitioner was placed in -charge of the post of Vice Chairperson of DWAC until further orders. The Board, in its meeting held on 28.05.2012 resolved to ratify the appointment of J.M. Urooj as Chairman and not to ratify the appointment of the petitioner as Vice Chairman of DWAC, Mysore District. An order to the said effect having been passed on 28.05.2012, vide Annexure -F, feeling aggrieved, this writ petition was filed on 11.06.2012. After hearing learned advocates on both the sides in part, by an order dated 28.11.2013, learned advocate for respondents 2 to 4 was directed to state, whether the Committee constituted, as at Annexure -A is still functioning or there is any re -constitution, since the regulation as at Annexure -E provides that, ordinarily the term of DWAC shall be three years.

(2.) SMT . S.R. Anuradha, learned advocate for respondents 2 to 4 submitted that the term for which the DWAC, Mysore District was constituted on 08.10.2010 has expired and that a new Committee would be constituted very soon. She submitted that the petitioner has no vested right for being appointed as a Vice Chairperson of the DWAC, Mysore District and the writ petition is untenable. Having heard learned advocates on both the sides and perused the writ petition record, it is clear that the DWAC, Mysore District was constituted vide an order dated 08.10.2010, as at Annexure -A and petitioner was shown as a member. In view of the resolution, as at Annexure -D, petitioner was placed in -charge of the post of Vice Chairperson, DWAC, Mysore District, until further orders. The Board has been vested with the authority, under S. 18 of the Act, whenever it considers necessary, to establish either general or for a particular purpose or for any specified area or areas, committees for the supervision of Wakfs. Annexure -A makes it clear that the said order was subject to review, modification etc., at the sole discretion of the Board. The official memorandum, as at Annexure -D being only stop gap arrangement, which shows that the petitioner was placed in -charge of the post of the Vice Chairperson, until further orders, since Mr. Urooj Ahemed, who was till then Vice Chairperson, who was acting as Chairman, expressed difficulty in carrying the day to day functions of DWAC, Mysore District and requested to appoint the petitioner as Vice Chairperson. The arrangement made vide Annexure -D was not pursuant to any resolution of the 3rd respondent. The 3rd respondent in its meeting held on 28.05.2012 while ratifying the appointment of Mr. J.M. Urooj, as Chairman of DWAC, Mysore District, did not ratify the appointment of the petitioner as Vice Chairperson, DWAC, Mysore District. None of the rights of the petitioner, have been affected by virtue of the modification, vide Annexure -D and the in -charge arrangement made in her case being not ratified by the 3rd respondent/Board.