^o^9 HiGH COURT OF CHHATT1SGARH ; BSLASPUR W,R!TPETSTiON_(C) N0,2657 OF 2008 Uzma Akhtar, D/o Late Shrs Mohammad Yusuf Bisrrii!, aged about 35 years, Occupation President, ChhatSisgarh Urdu tESPONDENT Versus State of Chhattisgarh, through Secretary, .Adim Jati Tatha Anusuchit Jati, DKS Bhawan, Ralpur, DisSrict Raipur (CG). Sanchalak, Adim Jati Tatha Anusuchit Jati, Chhattisgarh Raipur. 4. Srrit. Shahnaz nomsnate President, Chhattisgarh Urdu Academy, Raipur (CG). 5. Aljaz Beg, Vice President, Chhattlsgarh Urdu Academy, Raipur (CG). (Wrst petition under Articie 226 of the Constitution of india) Sing!e Bench : Hon'ble Shri Satish K. Agnihotri. J. Present:- Shri Awadh Tripathi, counsel for ths petstioner. Shri Arun Sao, Gov't. Advocate for the Stats/respondente No.1 &2. Shri Sameer Behar, counsei for the respondents No.3 to 5. ORDER ("ORAi.i (Passed on this 17th day of July, 2009) 1. Heard iearned counsel for the parties. 2. By thte petition, the petitioner, the then Presidenf of ths Chhattisgarh Urdu Academy (for short "the Academy"), seeks a writ to quash the order dated 28-2-2003 (Annexure wherebv the State Govemment exsrelsinfl its oower S of the Constitution of the Academv has f^\ acie the rsspondent No.4 as President of the Academy. ^^s£Sa&a>p,^ -'•^s 'i -^a S 3 '•aatEEC 2- The facts, in nutsheii, for disposal of the case, are pefitioner was appointed as President of the Academy under the provisions of ArticSe 6 of the Constitution of the Academv bv dated 3-8-2005 (Annexure - P/45. Thereafter, bv imouaned dated 28-2-2008 (Annexure - P/1), a new President and other members were aopointed. Shri Tripathi, ieamed counsel appearing fgr the pstitioner, submits that under Articie 6 of the Consfitution of the Acadsmv, the tsrm of ths members inciuding the President is three years and, as such, ths President cannot be removeci and no other President can be nominated within 3 years under the provisions of Articie 6 of the \^VI Per contra, Shri Sao, iearned Govt. Advocate appearing for the State/respondents No.1 & 2 and Shri Behar, learned counsei appearing for ths respondents No.3 to 5, submit that thers is no provisi' Articie of the President for a oeriod of 3 vears. Constitution of the Academy provides for Minister not for a specified term as is ciear from Article 6 of the Constitutlon ofthe Academv. have heard teamed counsei appearing for the parties, perused the pieadings and the documents appended thereto. Ciaus®6.1 of the Constitution of the Academv Drovides that the Chlef Minister is emoowered to nominate the President members. Article 7.2 of the Constitution of the Academv that the term of the members appointed under Articies 6.2.5, .3.1, 6.3.2, 6.3.3, 6.3.5 and 6.3.6 would be 3 vears. aoDiicable in case of nomination/aoDointment of the he President is nominated/aDDointed under ciause 6. t, as of the Constitution of the Academy and, as such, ciaim of the petitioner i.~^ -<:-:Ui^U;i;^S-'^''<-3Sfri-;-lSUt&A. ^' ^b that the oetitioner couid not have been removed before Gowri compietion of 3 years is without any basis. There is no merit in this case. The v/rit petition is accordingiy dismissed. No order asto costs. At this juncture, Ssarned counsel appsaring for the petitioner seeks a dlrection to the authoritv concefned to oav him salarv for i. Since. the issue of salary is not involved herein, iberty is rssen/ed to the petitioner to raise this issue at for Davment of salary, if so advised. Sd/- Satish K. Agnihotri Judge