LIEUTENANT GOVERNOR Vs. K A ABDUL SALAM

JUDGEMENT

(1.) BY the impugned order dated 5th January, 2011 passed by a learned Single Judge of this Court in WP No.10017(W) of 2010, the learned Trial Judge quashed the order No.3289 dated 21st October, 2009 issued by the Assistant Secretary, Andaman and Nicobar Administration by which the respondent No.4 herein was appointed as the Chief Executive Officer, Andaman and Nicobar Islands, Wakf Board. The learned Trial Judge held that the respondent No.4 therein who was appointed as Chief Executive Officer of the Wakf Board was not eligible for appointment to the said post as he had no bachelor degree from any of the recognized Indian universities. The Lieutenant Governer, Andaman and Nicobar Islands felt aggrieved against the said order. Hence, the instant appeal has been filed by the Lieutenant Governor of Andaman and Nicobar Islands. Heard the learned advocates of the parties. Considered the materials on records including the order impugned.

(2.) LET me now consider as to how far the learned Single Judge was justified in passing the impugned order in the facts of the instant case. By an order No.3289 dated 21st October, 2009 issued by the Andaman and Nicobar Administration, Shri M.Akhtar Hussain, Assistant Director (Admn) attached to the office of the Superintending Engineer, Electricity Department was appointed by the Lieutenant Governor (Administrator), A & N Islands, as the Chief Executive Officer, Andaman and Nicobar Islands Wakf Board in Ex-Officio capacity and without any extra remuneration with immediate effect vice Smti Safina Khan, who was ordered to hold the post, vide Administrator"s order No.698 dated 20.02.2006 in addition to his own assignment as Assistant Director (Admn) in the Office of the Superintending Engineer, Electricity Department. The appointment of Shri M.Akhtar Hussain as Chief Executive Officer of the A & N Islands Wakf Board was challenged by the writ petitioner on the ground that Shri M.Akhtar Hussian being not a graduate from any of the recognized Indian Universities is ineligible for such appointment to the post of Chief Executive Officer. LET me now consider as to how far such contention of the petitioner is acceptable.

(3.) THE terms and conditions of service of the Chief Executive Officer of the Board are prescribed in Rule 7 of A & N Islands Wakf Rules, 2002. THE relevant parts of the said Rule with which we are presently concerned herein are Rule 7(1), Rule 7 (2), Rule 7(3) and Rule 7(5) which are set out hereunder:-