B. S. Chauhan and Arun Tandon, JJ. - (1.) THESE special appeals arise out of common judgment and order passed by the Hon'ble single Judge dated 8th April, 1997, whereby 5 writ petitions, being Writ Petition Nos. 2867 of 1996, 9904 of 1996, 35348 of 1995, 35748 of 1994 and 17346 of 1994 have been decided.
(2.) THE facts giving rise to the present writ petition have precisely been stated in the judgment and order of the Hon'ble single Judge and it is therefore not necessary to reiterate the same. Facts relevant for disposal of the present special appeals are being briefly mentioned. Begum Khair Girls Inter College, Basti is a minority institution recognized as such under the provisions of the Intermediate Education Act, 1921 (hereinafter called the Act, 1921). The institution is aided and the provisions of U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 are fully applicable to the institution. The institution was established by one Begum M. A. Khair and her husband Mr. M. A. Khair solely from their own resources. A large number of properties attached to a waqf provided income for meeting the expenses of the aforesaid institution which was so provided vide deed executed on 21.12.1987.
(3.) THE President of the Committee of Management of the institution by virtue of his office was to become the Mutwalli of the waqf and the Principal of the college was to become Deputy Mutwalli. THE institution has its own Scheme of Administration, which was duly approved by the Joint Director of Education vide order dated 5.9.1968. THE scheme so approved is of a peculiar nature, as it did not contemplate any general body. Clause 4 of the Scheme of Administration provides that there shall be 10 named members of the Committee of Management of the institution, including one Principal and two teachers, as ex-officio members. Clause 5 of the Scheme of Administration provided that Begum M. A. Khair would be the life long President and Manager, Mr. M. A. Khair would be life long Vice President and Treasurer and Mr. Maqbool Ahmad shall be Hony. Secretary. The note to Clause 5 provided that in case Begum M. A. Khair is survived by her husband Sri M. A. Khair then Sri M. A. Khair would hold office as life President, Manager and Treasurer during his life time.;