Order appointing Secretary and Correspondent as an interim measure is within power of college committee.

(W.A.(MD)Nos.:6 to 8/2005: Writ Appeals under Clause 15 of Letters Patent against the common order of the learned Single Judge, dated 22.12.2004, made in W.P. (MD) Nos.1007, 1411 and 1461 of 2004.

W.A.(MD)No.322/2005: Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 20.07.2005, made in W.P. (MD) No.6243 of 2005.)

Common Judgment

P. Sathasivam, J.

Since the issues raised in these writ appeals are inter connected, they are being disposed of by the following common judgment.

2.Aggrieved by the common order, dated 22.12.2004, made in W.P.(MD)Nos.1007, 1411 and 1461 of 2004, of the learned Single Judge issuing certain directions for receipt of annual subscription and admission of the writ petitioners as members of General Body and also to furnish the list of members of M.S.S.Wakf Board College, Madurai, to all the writ petitioners, MSS Wakf Board College, Madurai, through its Secretary and Correspondent, has filed Writ Appeals.6 to 8 of 2005.

3.Against the dismissal of W.P.(MD)No.6243 of 2005, dated 20.07.2005, by another learned Single Judge, at the admission stage, filed for quashing the communication of Chairperson, Tamil Nadu Wakf Board, dated 05.07.2005, appointing Mrs.I.Nazneen as Secretary and Correspondent of MSS Wakf Board College, Madurai, the writ petitioner therein, namely, Musthak Shaw Sahib Surgru @ M.S.Shaw, has filed writ appeal No.322 of 2005.

4.The brief facts are as follows:

(a) MSS Wakf Board College, appellant in Writ Appeal Nos.6 to 8, is a minority institution and the Constitution of the same is governed by G.O.Ms.No.1127, Commercial Tax and Religious Endowments Department, dated 09.09.1978. As per the said Government Order, MSS Wakf Board College, Madurai, had come into existence on account of compromise decree passed by the High Court in A.S.No.435 of 1964 between the Tamil Nadu State Wakf Board and the Founder. The said college is offering educational facilities to the public at large.

(b) MSS Wakf Board College was started in a rental building, initially and subsequently shifted to the site donated by the Government of Tamil Nadu. The college and its properties have been notified as Wakf Properties by the Tamil Nadu Wakf Board under the old Wakf Act, 1954. The affairs and administration of the college are controlled by Administrative Bodies called Government Body, Executive Committee and General Body. G.O.Ms.No.1127 indicate the details of their composition and the powers of the college Administrative Bodies. The Chairperson of the Tamil Nadu Wakf Board shall be the Chairman of the Governing Body, Ex-Officio and likewise the Secretary and Correspondent nominated in terms of Clause (2)(1)(a) of the Constitution shall also be the secretary of the Governing Body. The Governing Body shall be answerable to the Madurai University, the Director of Collegiate Education, Tamil Nadu State Wakf Board and the Government of Tamil Nadu.

(c) There are 51 General Body members and the strength of Governing Body is 10 (out of 11 members) in the Administrative Bodies of the College. The Constitution of the College also indicate enrolment of General Body members. The last expansion of General Body members took place in 1992 as per Government Order by effecting due paper publication by the Chairperson of the Governing Body on the basis of the directions of the Government and the Wakf Board. The Chairman and Secretary of the Governing Body shall act in the same capacity of the Executive Committee and the General Body.

(d) It is the claim of the College that the policy of expansion of members squarely rests with the Wakf Board and the Government and they are competent to accept or reject the proposal of the Governing Body also. The Constitution of the College also says that the sanction and concurrence of the Government shall be obtained whenever any deviation from the Constitution of the College is contemplated.

(e) After resignation of Mr.Saliha as Secretary and Correspondent