MUMTAZ YARUD DOWLA WAKF Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of mandamus declaring the proceedings in Rc.No.1184/A6/Corr/2015, dated 29-09-2016 passed by the 4th respondent in noting the "change" of Correspondentship of the Asafia Primary and High School, Malakpet, from the 2nd petitioner to the 6th respondent as being illegal, arbitrary, discriminatory and violative of Articles 14, 29 and 30 of the Constitution and Section 24 of the AP Educational Act, 1982, ("the Act", for short) besides violation of principles of natural justice and consequently direct the respondents not to give effect to the said proceedings in the interest of justice.

(2.) This Court by order dated 04-11-2016 granted interim suspension of the impugned order dated 29-09-2016. The vacate petition being WVMP No.4445 of 2016 filed by the 6th respondent seeking to vacate the order dated 04-11-2016 ended in dismissal. In WA No.519 of 2017 preferred against the dismissal of the vacate petition, a Division Bench of this Court refused to interfere with the exercise of discretion by the learned single Judge in making the stay absolute and permitted the parties to raise all questions at the hearing of the writ petition. The 6th respondent aggrieved further carried the matter in SLP being SLP (Civil) No.15001 of 2018. The Supreme Court by order dated 18-05-2018, while declining to interfere with the impugned judgment in the writ appeal, required that the writ petition be decided as early as possible preferably within three months. Pursuant to the said directions, this matter came up for hearing.

(3.) Facts stated are:-Mumtaz Yaruddowla Trust is an endowed Wakf. The endowment of Wakf was made by Nawab Mumtaz Yaruddowla with the properties mentioned in the registered deed bearing document No.358/1334 Fasli. The endowed Wakf consists, among other properties, mainly three educational institutions viz., i) Asafia Primary and High School, Malakpet; ii) Mumtaz Degree College, Malakpet and Mumtaz College of Engineering and Technology, Malakpet, (for short, "the Wakf"). The 1st petitioner claims to be the founder and honorary Secretary of registered Wakf. He as 2nd petitioner claims to be functioning as Correspondent of these three educational institutions since several decades.