JUDGMENT

R. M. SAHAI, J.:—Imams, incharge of religious activities of the mosque #1 have approached this Court by way of this, representative, petition under Article 32 of the Constitution for enforcement of fundamental right against their exploitation by Wakf Boards. Relief sought is direction to Central and State Wakf Boards to treat the petitioner as employees of the Board and to pay them basic wages to enable them to survive. Basis of claim is glaring disparity between the nature of work and amount of remuneration. Higher pay scale is claimed for degree holders.

2. Imams perform the duty of offering prayer (Namaz) for congregation in mosques. Essentially the mosque is a centre of community worship where Muslims perform ritual prayers and where historically they have also gathered for political, social and cultural functions.#2 The functions of the mosque is summarised by the 13th Century Jurist Ibn Taymiyah as a place of gathering where prayer was celebrated and where public affairs were conducted. #3 All mosques are where Muslim men on an equalitarian basis rich or poor, noble or humble, stand in rows to perform their prayers behind the Imam. #4 Imams are expected to look after