JAVED RASHEED SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners have assailed the decision of the Regional Level Committee, constituted under G.O. dated 19.12.2000, recognising the election of the Committee of Management of Muslim Qudrat Inter College, Seohara, Bijnor (for short ''the Institution') dated 6.1.2014, whereby, the Committee headed by Shamim Ahmad Chaudhary, advocate as President and Wakeel Ahmad as Manager, has been recognized.

(2.) The Institution is duly recognized under the provisions of Uttar Pradesh Intermediate Education Act, 1921(for short ''the Act') and is governed by the approved Scheme of Administration framed under section 16-A of the Act. It is a minority institution receiving grant-in-aid from the Government and the provision of Uttar Pradesh High Schools & Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable to it. The term of the Committee of Management (for short "College Committee")under the approved Scheme of Administration is three years. The last elections were held on 1.11.2009. As the term of the College Committee was coming to an end, the District Inspector of Schools, Bijnor, by letter dated 23.11.2012 required the management to forthwith hold the elections for constitution of a new committee. In compliance thereof, the manager vide its letter dated 26.12.2012 circulated the agenda for holding the election meeting on 30.1.2013. It appears that on 29.1.2013, Sri Zameel Ahmad, Library Assistant, of the Institution died, on account of which, the manager Sri Munir Vishal deferred the election meeting fixed for 30.1.2013 and asked the Principal to inform all the members. Still, three members, namely, S/Sri Wakeel Ahmad, Shamim Ahmad Chaudhary and Zaqiur Rahman assembled on 30.1.2013 at the scheduled venue. They claim to have elected Shamim Ahmad Chaudhari as president, Wakeel Ahmad as Manager-cum-Secretary and Zakiur Rahman as treasurer. The remaining three members of the Waqf Committee namely, Munir Vishal, Prof. Iqtedar Husain Siddiqui and Muizur Rahman Siddiqui were made members of the College Committee. These elections were submitted for approval before the District Inspector of Schools, Bijnor, who vide its letter dated 15.2.2013, forwarded the same to the Regional Joint Director of Education, XII Region, Moradabad for necessary action. Sri Munir Vishal, Dr. Javed Raseed Siddiqui, Sri Wakeel Ahmad Thekedar, Sri Masood Akhtar and Sri Ahmad Rasheed filed their objections against the elections. The Regional Level Committee vide impugned order dated 6.1.2014, recognised the elections and directed for attesting the signatures of manager Sri Wakeel Ahmad. It came to the conclusion that under the approved scheme of administration, the election meeting fixed for 30.1.2013 could not have been postponed or deferred by the Manager without the permission of the president. Consequently, the meeting held on 30.1.2013 was a valid meeting. The elections of 2009 were held from amongst nine members, out of whom three have died, thus leaving behind six members. By order dated 15.7.2011, the Waqf Board had accorded approval to Waqf Committee comprising of ten members by including four new persons, but on receipt of complaints, the order dated 15.7.2011 was stayed. As a result, only six persons remained valid members of the Waqf Committee. In view of clause 9(4) of the scheme of administration, wherein quorum is 1/3, it would be two members out of total six members. In the election meeting, three members were present, thus, quorum was complete. Further, one member Sri Moizur-Rehman Ahmad has sent letter accepting the election proceedings to be correct and thus, out of six members, four have admitted the elections, accordingly, the same are recognised. The objections filed by the petitioners and other persons were rejected.

(3.) Sri Prabhakar Awasthi, learned counsel for the petitioners challenged the impugned order on the following grounds :-