Kerala High Court Permits Waqf Board To Proceed With Framing Scheme For School Administration Pending Decision Whether It Is Waqf Property Or Not

The Kerala High Court on Tuesday refused to interfere with an order of Waqf Board for framing scheme for administration of a school, while issue pertaining to whether or not such school is a waqf property is pending consideration before Waqf Tribunal.

Court added that while the process of framing a scheme for the administration of Vaduthala Jama-ath Higher Secondary School could continue, the same shall not be implemented until Waqf Tribunal arrived at its decision.

The case pertains to an order passed by the Waqf Board to frame a scheme for the administration of the school. When the petitioners herein sought a stay upon the operation of the said order of the Waqf Board, the Waqf Tribunal at Kozhikode denied granting the same on noting that there was no interference in the matter relating to management and administration of the school and that the Board had only directed the framing of a scheme to run the school by the Jama-ath. 

It is against this order of the Tribunal that the present Civil Revision Petition was filed. 

 The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas while disposing the petition observed, 

"The school is an aided school. As of now, there is no adverse order against administration or management of the school by the Trust. The Waqf Board ordered framing of the scheme noting that the school is situated in the Waqf property. The question whether it is a Waqf property or not has to be decided by the Tribunal. We are of the view that the process of framing of the scheme can go on. However, in the event scheme is framed, that shall not be implemented till final decision is taken by the Tribunal". 

The Tribunal was also directed to dispose the case within a period of six months, after hearing both sides.

Advocates Vaisakhi V., Babu Karukapadath, M.A. Vaheeda Babu, P.U. Vinod Kumar, Arya Raghunath, T.M. Muhammed Musthaq, Karukapadath Wazim Babu, Ajwin P. Lalson, P. Lakshmi, and Aysha E.M. appeared on behalf of the revision petitioners. The respondents were represented by Advocates Jamsheed Hafiz, Muhammed Kabeer E.S., C. Sheeba, and Dilshana Fervin Azad. 

Case Title: Vaduthala Juma-Ath Educational Trust & Ors. v. Kerala State Waqf Board & Anr. 

Citation: 2023 LiveLaw (Ker) 231 

Click Here To Read/Download The Order