JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The writ petitioners are all Shia Mohammedans professing Islam. All of them claim to be actively associated with the welfare and upkeep of several Shia Immambaras/grave-yards in West Bengal.

2. They claim to be “persons interested in a Waqf” under Section 3(k) of the Wakf Act, 1995 (hereinafter referred to as, “the 1995 Act”). Their grievance is against the appointment of respondent no. 2 as a member of the Board of Waqf established under Section 13 of the 1995 Act. Such appointment was done under Section 14(1)(d), on the premise that the respondent no. 2 is a recognized scholar in Shia Islamic Theology.

3. The said provision contemplates that out of the several Board-members, one person each is nominated by the State Government from amongst Muslims, from recognized scholars in Shia and Sunni Islamic Theology. The respondent no. 2 comes in under the Shia head.

4. It is contended by learned counsel for the petitioners that the private respondent no. 2 is totally unqualified for being appointed under the said provision, not being a scholar in Shia Islamic Theology.

5. There was a previous round of litigation, since the petitioners representation a