Amarbir Singh Gill, J. - (1.) Petitioners have challenged the order dated 26.12.1985 passed by opposite party Shia Central Board of Waqfs, U.P., Lucknow by means of which Committee of Management of Karamat Hussain Muslim Girls Degree College. Lucknow. petitioner No. 1 has been superseded and new Committee has been appointed in respect of the waqf properties.
(2.) Brief facts leading to the present controversy between the parties are that an Association for the Education of Muslim in India by the have of Anjuman Talim-ul-Muslimat-e-Hind, Lucknow was formed on 27.4.1912 with the object to educate Muslim women in India by a few prominent and renewned Muslisms of that time including justice Syed Karamat Hussain. a retired Judge of the Allahabad High Court. The Association was registered under the Registration of Societies Act, 1860. The Anujman Talim-ul-Muslimat-Hind (hereinafter referred to as Anjuman in brief), petitioner No. 2 with the object of educating Muslim women in India started a Primary School which school gradually became a Junior High School in 1925 and Intermediate College in 1936 and subsequently became a Degree College in 1946. The School initially was housed in a rented accommodation and was named as Muslim Girls School but In the year 1923 when the Government High School for girls was closed down, the Anjuman approached the Government of United Provinces of Agra and Avadh with the request to grant the building of the aforesaid Government High School for girls alongwith the land thereunder for accommodating the School for Muslim Girls at Lucknow. The Secretary of State for India in Council on 13.11.1925 executed a deed of grant in respect of the building known as Government High School for Girls at Lucknow and the site thereunder consisting of four plots of land aggregating 13.18 acres in Mohalla Mananager, Lucknow, Copy of the aforesaid grant is Annexure 2 on the record. When the Institution was of the level of High School, the Anjuman in accordance with the requirements of the provisions of U.P. Intermediate Education Act, 1921 framed the Scheme of Administration and was being run by a Managing Committee. When the institution became In Intermediate College, it was duly approved by the Deputy Director of Education and the institution was named as Karamat Hussain Muslim Girls College, Lucknow to commenorate the memory of Justice Syed Karamat Hussian. The management of the Degree Section of the College is being run by the Managing Committee constituted by the Anjuman in accordance with the provisions of U.P. Universities Act and the Lucknow University Statutes. Anjuman being the parent body of the institution, the Managing Committee of the College is selected by the Board of Directors of the Anjuman who themselves are elected from amongst the members of the Anjuman.
(3.) Syed Karamat Husain by means of a registered waqf deed dated 28.3.1913 created a waqf of some landed properties situate in Tehsll Biswan, district Sitapur for education of Muslim girls and he appointed the Board of Directors of the Anjuman as Mutwalli of the waqf. The waqf deed is Annexure-3 on the record. Similarly another registered waqf deed was executed by Raja Sir Mohammed All Khan of Mahmoodabad on 16.10.1912 (Annexure-4) by which he settled a grant of Rs. 600/- per month in favour of the Anjuman for education of Muslim Girls. Opposite Party No. 1 i.e. Shia Central Board of Waqfs, U.P. issued a certificate of registration (Sanad) of the aforesaid waqf properties on 11.3.1957, a copy of which is Annexure-5. On account of abolition of Zamindari the income from the waqf properties dwindled and the Government sanctioned an annuity of Rs. 8631.72. The total assets of the waqfs besides the aforesaid annuity was the zamindari abolition bonds. The accounts of the waqf properties used to be duly audited by opposite party No. 1 from time to time and there had been no grievance of any kind.;