SHARFUDDIN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the Union of India including the respondents no. 5 and 6 and learned senior counsel for the respondent no. 7.

(2.) The petitioner has moved the Court seeking a direction to nominate him as a member of Khuda Bakhsh Oriental Public Library Board (hereinafter referred to as the 'Board') in terms of Sec. 5 (1) (c) of the Kudha Bakhsh Oriental Library Act, 1969 (hereinafter referred to as the 'Act').

(3.) The petitioner claims to be the grandson of the founder of the library namely, Maulvi Khuda Bakhsh Khan Bahadur and as per the provisions of the Act, the management of the library is vested in the Board and composition thereof is given in Sec. 5 of the Act. As per the provisions, one person shall be nominated by the Central Government who shall be a member of the family of late Maulvi Khuda Bakhsh Khan Bahadur. The petitioner applied for such nomination in the year 1986, initially for his brother and later, on 2/9/1992 for himself. It appears that the petitioner followed up his representation a few times. The respondent no. 7, who is the grand-daughter of the brother of the founder also made an application in the year 1992 and the Board thus, having two applicants, sought legal opinion from its counsel.