MOHAMMAD BASIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) (CLMA No. 40 of 2019) Sec. 23 of the Waqf Act, 1995 (hereinafter referred to as the Act) relates to appointment of a Chief Executive Officer and his term of office and other conditions of service. Under sub- Sec. (1) thereof, there shall be a full-time Chief Executive Officer of the Board who shall be a Muslim, and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board, and who shall not be below the rank of a Deputy Secretary to the State Government; and, in case of non-availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation.

(2.) By the impugned order dtd. 28/12/2018, the fourth respondent was appointed as a Chief Executive Officer of the Waqf Board.

(3.) Sri T.A. Khan, learned Senior Counsel appearing on behalf of the petitioner, would submit that the twin conditions for appointment of a Chief Executive Officer are that the said officer should be appointed from a panel of two names suggested by the Waqf Board, and that the officer should not be below the rank of Deputy Secretary; appointment of the fourth respondent was not made pursuant to a panel of two names having been suggested by the Waqf Board; further the fourth respondent is not in the rank of a Deputy Secretary, and holds a post lower in rank; and, therefore, the impugned order necessitates being suspended.