Judgment :- (Petition is filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus as stated therein.) This writ petition is listed today for admission and I heard the learned counsel for the petitioner and the learned Additional Advocate General for respondent 1 and 2. 2. The petitioner has come forward with this writ petition praying for a Writ of Certiorarified Mandamus calling for the records relating to the impugned communication of the 2nd respondent dated 5.7.2005 appointing the third respondent herein as the Secretary and Correspondent of the M.S.S.Wakf Board College, Madurai and quash the same and direct the first respondent herein to constitute an adhoc committee to manage the affairs of the Muqyyath Sha Sirguro Wakf Board College, K.K.Nagar, Madurai-20, till the constitution of a governing body. 3. The case of the petitioner is that he belonged to the family which founded Muqyyath Sha Sirguro Wakf Board College at Madurai and also member of the governing body. The grievance of the petitioner is that the second respondent is not competent to nominate the third respondent and the first respondent has no jurisdiction to interfere with the affairs of Wakf, hence the nomination of the third respondent as Secretary cum Correspondent by the second respondent, on the instructions of the first respondent, is contrary to the Constitution of Wakf, hence, the present writ petition. 4. The governing body consists of eleven members. Among eleven members, the Chairman of Wakf Board, one person from the Member of the Founder family and the principal are ex-officio members; two members are nominated by the Government of Tamil Nadu; one member nominated by Madurai Kamaraj University; one member nominated by Wakf Board and four members are elected from the executive committee. It is stated that the term of the four members, who are elected through the executive committee is three years. No doubt the tenure of the four elected members expired on 04-07-2005. 5. It is stated that the term of the four members, who are elected through the executive committee is three years. No doubt the tenure of the four elected members expired on 04-07-2005. 5. Clause 2 of the Constitution of Wakf speaks that the Secretary and Correspondent shall be nominated from among the four members elected from the executive committee and from the two nominees of the State Government and also from a nominee of the Tamil Nadu Wakf Board once in three years provided that he/she shall be a resident within the limits of Madurai Corporation by the Chairman of the Tamil Nadu Wakf Board or by the Government in consultation with Chairman, Tamil Nadu Wakf Board. 6. It is stated by the counsel for the petitioner Mr. Swaminathan that at present, the period of four members elected from the executive committee came to an end on 04-07-2005 and hence, the provisions of clause 2 of the Constitution of Wakf cannot not be invoked by the respondents 1 and 2 and prayed for constitution of adhoc committee to manage the affairs of the College. 7. The second respondent herein wrote a letter dated 01-07-2005 to the first respondent stating that the term of the four elected members of the executive committee expires on 04-07-2005 and to avoid vaccum in the functioning of the institution requested that the Chief Executive Officer of Tamil Nadu Wakf Board be permitted to function as Secretary cum Correspondent of the College. The first respondent, by communication dated 04-07-2005 informed that the said Chief Executive Officer cannot be spared at present, besides, it is difficult for him to hold full additional charge as Secretary cum Correspondent of the college and permitted the second respondent to make necessary local arrangement for smooth functioning of the college. Pursuant to the said communication of the first respondent, the second respondent appointed the third respondent by order dated 05-07-2005, which is impugned in this writ petition. 8. Mr. G.R. Swaminathan, learned counsel for the petitioner has taken me to the relevant provisions of the Constitution of Wakf to say that the second respondent has no jurisdiction to nominate the third respondent as Secretary cum correspondent and the first respondent has also no jurisdiction to interfere with the affairs and prayed for quashing the impugned order dated 05-07-2005 of the second respondent. 9. Mr. 9. Mr. Muthukumarasamy, learned Additional Advocate General appearing for the respondents 1 and 2 submits that the third respondent was nominated by the Government of Tamil Nadu to the governing body; that if any person is appointed by the Government of Tamil Nadu, he or she shall continue as member for unlimited period that may be more than three years or less than three years because the Government can recall them at any time, though the term of three years is fixed for the four members elected from the executive committee; that the second respondent is competent to nominate the third respondent as Secretary cum Correspondent by invoking clause 2 of the Constitution of Wakf and the Government can also interfere in the event of any deviation from the constitution of Wakf as seen from Clause 11. 10. In respect of the tenure of the members nominated by the Government of Tamil Nadu is concerned, it is argued by the learned Additional Advocate General that even assuming the term of the third respondent is three years as member of the governing body, the present nomination of third respondent not violative of constitution of Wakf since it is nothing but a stop gap arrangement to look after the admissions for the academic year and for the Management of other affairs, otherwise, the entire administration of the college would be paralysed, if vaccum is allowed to continue. 11. In view of the said submission of the learned Additional Advocate General, this Court need not go into the tenure of the members nominated by the Government and no finding is given in this case and the same is left open. 12. Clause 2 of the Constitution of Wakf runs as follows: - Clause 2 of the Constitution of Wakf speaks that the Secretary and Correspondent shall be nominated from among the four members elected from the executive committee and from the two nominees of the State Government and also from a nominee of the Tamil Nadu Wakf Board once in three years provided that he/she shall be a resident within the limits of Madurai Corporation by the Chairman of the Tamil Nadu Wakf Board or by the Government in consultation with Chairman, Tamil Nadu Wakf Board. 13. 13. It is evident from the said clause that the Secretary and Correspondent shall be nominated from among the four members elected from the executive committee and from two nominees of the State Government and also from the nominee of Tamil Nadu Wakf Board once in three years subject to the condition that he/she shall be a resident within the limits of Madurai Corporation by the second respondent or by the first respondent, in consultation with the second respondent. The powers conferred on the first and second respondent in nominating Secretary cum Correspondent is traceable from Clause 2. Hence, the argument of the learned counsel for the petitioner that the second respondent has no jurisdiction to appoint the third respondent or first respondent has no jurisdiction to direct the second respondent for such appointment is untenable and the same is rejected. 14. The third respondent is a nominated member to the governing body by the Government and she also continue as member is not in dispute. The argument of the counsel for the petitioner that in the absence of four elected members, no nomination can be made to the post of Secretary cum Correspondent, though attractive, the fact remains that the nomination is only temporary, as pointed out by the learned Additional Advocate General, hence the same is also rejected. 15. As rightly pointed out by the learned Additional Advocate General, clause 11 of the Constitution also enable the Government to give sanction and concurrence in the event of any deviation of the Constitution. It is also relevant to look into Clause 11 of the Constitution of Wakf which runs as follows:- "11. The sanction and concurrence of the Government shall be obtained whenever any deviation from the constitution of the college is contemplated. (Added vide Amendment approved vide Government letter No.15811/XII-1/80-2CT & R.E. Department dt.02-06-81)" 16. As mentioned above, non-existence of four elected members has created a contingency and no provision is found in the Constitution to meet such situation, hence the sanction and concurrence of the first respondent was rightly sought for by the second respondent. It cannot be disputed that the temporary appointment/nomination to the post of secretary is very much required for the administration of the college, which is the vital and noble object of Wakf. 17. It cannot be disputed that the temporary appointment/nomination to the post of secretary is very much required for the administration of the college, which is the vital and noble object of Wakf. 17. When the respondents 1 and 2 acted objectively and without any bias or adverse to the interest of the Wakf or causing injustice, no Writ of Certiorari be issued. 18. For the said reasons, the writ petition is dismissed. No costs. Consequently, connected WPMP is closed.