JUDGMENT : A. Pasayat, J. - Petitioners call in question legality of order passed by the Commissioner of Endowments, Orissa (in short, 'the Commissioner') in a proceeding u/s 35 of the Orissa Hindu Religious Endowments Act, 1951 (in short, 'the Act') seeking approval of the State Government to disqualify Mahant Sri Brajaraj Ramanuj Das (petitioner No.2) from continuing as hereditary trustee of Sri Pandit Math (petitioner No. 1) for the life- time. and in his place to appoint a Board of Trustees to discharge functions of the trustee. The State Government was to be moved for the purpose of approval in terms of Section 35(2) of the Act. 2. According to Mr. A. Mukherji. learned counsel for petitioners, the statutory mandate of Section 35(5) of the Act was not kept in view and recruitments of managing a Math in a proper manner does not appear to have been kept in view by the Commissioner. Mr. A.S. Naidu, learned counsel appearing for the Commissioner submitted that the writ application is premature as the recommendation made by the Commissioner is to be approved by the State Government and unless it is so done, the question of challenging the order made by the Commissioner seeking approval does not arise. 3. A few provisions of the Act need to be noted for appreciating the rival stands. Section 35 of the Act deals with disqualification of hereditary trustees. The circumstances in which a hereditary trustee of a Math can be declared to be disqualified are indicated in Sub-section (1) of Section 35. Sub-section (2) provides that the Commissioner after enquiry in accordance with the provisions of the Act and so far as may be, of the Code of Civil Procedure, 1908 (in short, 'the Code') relating to trial of suits and with the prior approval of the State Government can declare by an order in writing that a trustee is to be disqualified either temporarily or for the life-time. Any person affected by the order of the Commissioner relating to disqualification can file appeal before the High Court within sixty days from the date of receipt of the order under Sub-section (3) of Section 35. The follow- up action subsequent to disqualification is detailed in Sub-section. 4. Any person affected by the order of the Commissioner relating to disqualification can file appeal before the High Court within sixty days from the date of receipt of the order under Sub-section (3) of Section 35. The follow- up action subsequent to disqualification is detailed in Sub-section. 4. Main point canvassed by the petitioners is that even if petitioner No. 2 is to be disqualified in view of nomination made u/s 39 of the Act the nominated person has to be appointed in place of disqualified trustee. With reference to Sub-section (5) of Section 35 it was urged that due regard has to be given to the claim of the person so nominated. According lo petitioners, successor or the disciple, as the case may be, is to be taken in place of the disqualified trustee. 5. The stage for appointment of one or more persons to discharge in place of a disqualified trustee comes only after the person is disqualified. In case a trustee is declared to be disqualified, it shall be the duty of Commissioner to appoint one or more persons to discharge the functions of trustee of the institution. While making such appointment the Commissioner is required to have due regard to the claims of the next in line of succession and failing this of the disciples of the Math. 6. The language used in Sub-section (5) of Section 35 is "due regard to the claims ......" What is intended to be conveyed by the expression "due regard" needs to be analysed. As per Black's Law Dictionary, Sixth Edition (at page 501) "due regard" means "consideration in a degree appropriate to demands of the particular case". Proper attention to relevant facts and circumstances in balancing them to form an opinion is necessary. It is clear from the language of Sub-section (5) of Section 35 that stress is on the math being under trusteeship of a tenant subscribing to the ideologies of, and having faith on the spiritual thoughts pronounced by, the math. That is why the requirement of having due regard to the claims of the next in line of succession, and failing that of the disciples of the math. The expression "failing this" as used in the provision is of significance. Priorities are indicated in that manner. The process of selection is hedged with the condition as described above. The intention is clear. The expression "failing this" as used in the provision is of significance. Priorities are indicated in that manner. The process of selection is hedged with the condition as described above. The intention is clear. Tenents have to get priority and preference. 7. As the functions of the trustee of a math are to be discharged, the special features of a math have to be kept in view. The math has been one of the two important institutions in the Hindu religious system. The word 'math' appears to have been used in various senses. It would be seen from MACDONELL'S SANSKRIT DICTIONARY that math is defined as the hut of an ascetic or student, a monastic school or college and a matadhipati is defined as the head of such monastery or school. Likewise, according to ARTE'S DICTIONARY, the word 'math' means the hut of an ascetic or a small cell or room, also a monastery and covent, seminary, college or place of learning. In Raja Radhakanta Deb's monumental Sabdakalpadruma a math is defined as a place where students live. The word 'math' was also often used to signify a temple, but, later on, the words mathayatanam began to assume the meaning of a monastery or college. According to Muthuswami Aiyar, J. in Gyana Sambada Pandaram v. Kandaswami: ILR JO Mad. 375 at page 386, the term 'math' in its original and narrow sense signifies the residence of an ascetic who is called a yetior sanyasi, if he is a Brahmin or a paradeshi, if he is a non-Brahmin, Math in ordinary language is now under-stood to mean the abode of an ascetic and in legal parlance it connotes a monastic institution established for the use and benefit of ascetics who are the disciples of the head of the institution, (generally an acknowledged scholar and religious preceptor). The origin of maths has dealt with elaborately by Mathuswamy Aiyar, J., in the Gyana Sambanda's case (supra). Briefly speaking, Buddhist doctrines encouraged ascerticism and voluntary celibacy and Buddhist monks wandering from place to place established monastic institutions called sanghas and sangharamas. The origin of maths has dealt with elaborately by Mathuswamy Aiyar, J., in the Gyana Sambanda's case (supra). Briefly speaking, Buddhist doctrines encouraged ascerticism and voluntary celibacy and Buddhist monks wandering from place to place established monastic institutions called sanghas and sangharamas. They gathered disciples around them, imparted instruction in the religious tenets of the order to which they belonged and such of the disciples as thought fit to renounce their connections with the family and the family wealth went voluntarily, to a spiritual teacher and confined themselves to theological studies and the imparting of religiousinstructions to other disciples. Gradually, pious laymen constructed buildings for the residence of these ascetrics. it is well known that Buddha himself accepted Fetavana and Rajvihara as endowments made for Buddhistic monks, From the days of the Buddhist monasteries, their properties were declared to be non-transferable and indivisible and this idea has persisted ever since with regard to the maths which were founded on the pattern of such monasteries. As is well known. Buddhism flourished in India upto 7th century A.D. under the patronage of Kings like Asoka and Harshavardhana. Many Jain Viharas also sprang up during this period. With the advent of the Gupta dynasty, there was revival of Hinduism and this led to be rivalry between Buddhism and Hinduism and by the end of 7th century A.D. the influence of Buddhism in the country had definitely waned. 8. The nature and origin of the maths was described in Sammantha Pandara v. Sellappa Chetty : 2 Mad. 175, as follows : "A preceptor of religious doctrine gathers around him a number of disciples whom he initiates into the particular mysteries of the order and instructs in its religious tenets. Such of these disciples as intend to become religious teachers, renounce their connection with the family and all claims to family-wealth and, as it were, affiliate themselves to the spiritual teacher, whose school they have entered. Pious persons endow the schools with property which is vested in the preceptor for the time being and a home for the school is erected and a math constituted. The property of the matam does not descend to the disciples or elders in common. Pious persons endow the schools with property which is vested in the preceptor for the time being and a home for the school is erected and a math constituted. The property of the matam does not descend to the disciples or elders in common. The preceptor, the head of the institution, selects among the affiliated disciples, him, whom he deems the most competent and in his life-time instals the disciple so selected as his successor, not uncommonly with some ceremony. After the death of the preceptor, the disciple so chosen is installed in the gaddi, and takes, by succession, the property which has been held by his predecessor." "When the Buddhists assailed the Brahminical religion and when Sankaracharya, the founder of the Advaita or non-dualistic school of philosophy, ultimately prevailed against them, he established some maths in order to maintain and strengthen the doctrine and the system of religious philosophy he taught, sanyasis being placed at the head of those institutions. After Sankaracharya the founders of the Vaishnava, Madhava and other schools of religious philosophy established maths for a similar purpose. The ascetics who presided over them were held, owing to their position as religious preceptors and often also in consequence of their own learning and piety, in grant reverance by Hindu princes and noblemen, who from time to time made large presents to and endowed the maths under their control with grants of land. Thus, a class of endowed maths came into existence in the nature of monastic institutions, presided over by ascetics or sanyasis who had renounced the world." Gnanasambanda Pandaram v. Kandaswami : 10 Mad 375. In Vidyapurna Thirthaswami v. Vidyanidhi Thirthaswami : 27 Mad 435, Subramanya Iyer, O.C.J. referring to these maths, described the object with which they were established as follows : "Now there can be no doubt that institutions of the class under consideration were established as centers of theological learning and in order to provide a line of competent teachers with reference to the established Hindu creeds of the country". To a similar effect are the observations of Amir Ali, J. Vidya Varuthi Thirth v. Baluswami Iyer : 44 Mad 831 : "In many cases in Southern Indian especially where the diffusion of Aryan Brahminism was essential- for bringing the Dravidian people under the religious rule of the Hindu system, colleges and monasteries under the names of the math were founded under spiritual teachers of recognised sanctity". As observed in Lakshmindra Thirtha Swamiar v. Commissioner, Hindu Religious Endowment, Mad. 613: "The maths are centers of theological learning especially for the study, practice and propagation of the cult of each system of philosophy and to train and equip a line of competent teachers whose duty is to go forth into the land bearing the torch of learning and spreading its light". 9. It is accepted by the learned counsel for petitioners that the approval of the State Government has not yet been received. That being the position, the writ application is premature. The learned counsel for petitioners, however, submitted that in case approval is given, case of nominated successor has to be considered, and there is nothing in the order to show that that was intended to be done. That stage has not arrived. Only when approval of the State Government is received, and order of disqualification is passed, the question of appointment of one or more persons to discharge the functions of the trustee of the institution can be considered. At that stage the requirement to consider the claims of the persons enumerated in the provision has to be considered. While making appointment of any person the Commissioner is required to be conscious of the intentions of legislature as analysed above, and make appointment, As aforesaid, approval of the State Government is the threshold requirement. It goes without saying that the Commissioner has to take note of the relevant aspects, when occasion arises. In view of the aforesaid, the writ application is not entertained and is dismissed: No. cost. S.C. Dutta. J. 10. I agree. Final Result : Dismissed