High Court
Case Details
Neutral Citation No. - 2025:AHC:40993 Judgement Reserved on 25.11.2024 Judgement Delivered on 21.03.2025 Court No. - 33 Case :- WRIT - A No. - 17952 of 2024 Petitioner :- Shri Hafeezur Rahman And 6 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Gaurav Gautam Counsel for Respondent :- C.S.C.,Harish Chandra Dwivedi,Mohd. Faizan Ali,Pranav Mishra Hon'ble Prakash Padia,J. 1. Heard Sri Gaurav Gautam, learned counsel for the petitioners, learned Standing Counsel for respondent Nos.1 & 3, Sri Pranav Mishra, learned counsel for respondent No.2 and Sri Harish Chandra Dwivedi , learned counsel for respondent No.4. 2. Pursuant to the order passed by this Court, the learned Standing Counsel placed instructions dated 19.11.2024 under the signatures of District Minority Welfare Officer, Mau the same is taken on record. 3. Learned Standing Counsel agreed that the matter be decided on the basis of instructions without calling for counter affidavit. 4. In this view of the matter and with the consent of learned counsel for the parties, the present petition is being decided at the admission stage itself without calling the counter affidavit. 5. The petitioners have preferred the present petition with the prayer to quash the order dated 8.10.2024 passed by the respondent no. 2/Registrar/Inspector U.P. Madarsa Education Board, Lucknow. A prayer has also been made to direct the respondent no. 2 to grant financial approval to the appointment of the petitioners as Assistant Teachers in Alia, Fauquania & Tahtaniya. A further prayer has been made to direct the respondent no. 3/ District Minority Welfare Officer, Mau to make payment of regular salary to the petitioners as and when it falls due along with arrears from the date of appointment on their respective posts, i.e. from 21.9.2023.
Decision
6. Facts in brief as contained in the writ petition are that the Madarsa in question, namely, Madarsa Faiz E- Aam, Mau (hereinafter referred to 'Madarsa') is a duly recognized Madarsa and the same is on the grant-in-aid list of the State Government. All the teachers and employees of the aforesaid Madarsa are getting their salary from the State funds. 7. It is so happened that the posts of Assistant Teacher in Alla, Fauquania & Tahtaniya fell vacant due to superannuation of various teachers in the Madarsa. Since the students in the institution were suffering due to the non- availability of the teachers, the Committee of Management of the Madarsa passed a resolution on 4.6.2023 wherein it was resolved to fill up the aforesaid vacant posts. 8. Pursuant of the aforesaid resolution, advertisements were published in newspapers, namely, 'Hindustan' Varanasi edition in Hindi and 'Aag' Azamgarh edition in Urdu on 14.6.2023. The advertisement was published for filling up of the posts of Assistant Teachers in following category:- 1. Two posts of Assistant Teacher in Alia, equivalent to High School and above. 2. Two posts of Assistant Teachers, Fauquania, equivalent to Junior High School. 3. Three posts of Assistant Teachers in Tahtaniya, equivalent to Primary/Junior High School. 9. In response to advertisement, 13 candidates applied for the post of Assistant Teacher in Alia, 43 candidates applied for the posts of Assistant Teacher in Fauquania and 81 candidates applied for the posts of Assistant Teacher in Tahtaniya. 10. The Committee of Management constituted a selection committee on 8.7.2023 comprising of five members in order to hold interviews as per Madarsa Regulation, namely, "UTTAR PRADESH NON-GOVERNMENT ARABIC & PERSIAN MADARSA RECOGNITION ADMINISTRATION AND SERVICES REGULATION, 2016”. 2 11. The Selection Committee fixed the date of interview for the posts of Assistant Teacher in Alia and Fauquania category on 26.7.2023 and the date for interview for the post of Assistant Teacher in Tahtania category was fixed on 27.7.2023. 12. All the candidates had been duly given information regarding the date of interviews in their respective categories for their participation in the interview. 13. The interview for the posts of Assistant Teachers in Alia and Fauquania were held on 26.7.2023. For the post of Assistant Teacher in Alia, out of 13 candidates, 12 candidates had participated in the interview. For the posts of Assistant Teacher in Fauquania, out of 43 candidates, 39 candidates had participated in the interview. For the post of Assistant Teacher in Tahtania, which was held on 27.7.2023, out of 81 candidates, 69 candidates had participated in the interview. The Selection Committee, after holding interview for the aforesaid posts, has prepared a tabulation chart and the proceedings of the Selection Committee were placed before the Committee of Management of Madarsa. The Committee of Management, vide resolution dated 14.9.2023 affirmed the proceedings of the Selection Committee and authorized/directed the Manager to issue letter of appointment to the selected candidates. 14. The Manger of Madarsa had issued separate appointment letters to all the selected candidates/petitioners on 16.9.2023. In pursuance of the aforesaid, the petitioners joined their respective posts on 21.9.2023. 15. After joining of the petitioners in Madarsa, complaints were filed against the Principal of the Madarsa, namely, Mazhar Ali, regarding his date of birth. In the complaint, it was mentioned that the date of birth of Principal has wrongly recorded as 3.7.1965, whereas the correct date of birth of Principal of Madarsa is 3.7.1960. The said complaints were being investigated by the authorities and some adverse orders, restraining the Principal were passed. The investigation against Mazhar Ali continued and ultimately after various enquiries by the Competent Authority, final order dated 10.4.2024 was passed, affirming the date of birth of Principal of 3 Madarsa as 3.7.1965 and continuation of Mazhar Ali as Principal of the institution was affirmed. 16. Another dispute with regard to the members of Committee of Management was also raised before the Assistant Registrar, Firm Societies & Chits, Azamgarh Region, Azamgarh. As there was dispute with regard to recognition of members of Committee of Management as well as office- bearer of the Committee of Management, papers could not be forwarded and ultimately, the dispute was resolved when the order dated 26.4.2024 was passed by the Assistant Registrar, Firm Societies & Chits, Azamgarh Region, Azamgarh and Committee of Management was recognized. 17. When both the disputes, i.e. dispute with regard to Principal of Madarsa and the Committee of Management, the papers and documents regarding selection and appointment of the petitioners were forwarded to the respondent no. 2 through respondent no. 3, i.e. District Minority Welfare Officer, Mau, vide covering letter dated 9.8.2024. It is further stated in writ petition and argued by the counsel for the petitioners that further delay about 2 months occurred, because the respondent no. 3, i.e. District Minority Welfare Officer, Mau was not accepting the papers and documents forwarded by the Committee of Management on the ground that same are beyond time, prescribed under Regulation, 2016. 18. The Committee of Management has produced the judgment dated 11.12.2021 passed by this Court in Writ-A No. 16908 of 2021 before the respondent no. 2 and based on the aforesaid judgment, the Committee of Management submitted before the respondent no. 3 that in view of the law laid down by this Court, the respondent no. 3 must accept the papers and then only the papers were forwarded by the respondent No.3 to respondent No.2. 19. It is further argued that after submission of the documents, one Bharat Lal Rahi made complaint to the respondent no. 3 with the allegation in selection and appointment of the petitioners. Based on the aforesaid complaint, a Committee was constituted who conducted a detailed enquiry and in the said enquiry, nothing adverse or illegal was found regarding 4 appointment of the petitioners and thus, the respondent no. 3 forwarded the papers and documents regarding appointment of the petitioners to the respondent no. 2 on 24.8.2024. While forwarding the papers to the respondent no. 2, the respondent no. 3 made following observation/objection in his letter dated 24.8.2024, which are as under:- उ्ሹ के ्ቅम में अवगत कराना है किक उपरो्ሹ के दृकि(cid:22)गत मदरसा सेवा किवकिनयमावली 2016 के अनुसार प्ቔावली के परी्ቌणोपरान्त कतितपय ककिमयां पाई गई जो किनम्वनवत् है- 1-स०अ०आलिलया के किव्ሺापन रोज़नामा आग उद,- में अंकिकत शैति्ቌक योग्यता के स्नातको्ቈर के स्थान पर एम०ए० अंकिकत किकया गया है। 2-्ቦी ज्याउर-हमान स०अ०आलिलया के पद पर किनयु्ሹ अध्यापक ्ቛारा स०अ०फौकाकिनया का संल्ሿ किकया गया अनुभव (ज,न 2012 से जुलाई 2015 तक) तत्समय ्ቚचलिलत किनयमावली के अनुसार नहीं है क्योंकिक उनके पास स०अ०फौकाकिनया पद हेतु काकिमल की शैति्ቌक योग्यता नहीं है। अतः अनुभव ्ቚमाण प्ቔ मान्य नहीं है। 3-स०अ०तहताकिनया पद हेतु 81 अभ्यቕኌथयों के लिलये ्ቚेकिGत सा्ቌात्कार प्ቔ में दो रजिजस्ट्री की रसीद ्ቅमांक 23 ्ቦी अनवार आलम व ्ቅमांक 73 ्ቦी अब, रेहान किमिሺसग दशा-यी गई है। जिजसके सापे्ቌ ्ቅमांक 23 पर अंकिकत ्ቦी अनवार आलम सा्ቌात्कार में अनुपቝኌस्थत हुआ है तथा ्ቅमांक 73 पर अंकिकत ्ቦी अब, रेहान सा्ቌात्कार में उपቝኌस्थत रहा है। 4-सा्ቌात्कार की तितथिथ 26 व 27.07.2023 से लगभग डेढ़ माह के बाद किदनांक 14.09.2023 को ्ቚबन्ध सकिमतित की बैठक करने के उपरान्त किदनांक 16.09.2023 को किनयुकि्ሹ प्ቔ जारी किकया गया है। जो की किनयमावली के भाग-3 की धारा-7 का उलंघन है। 5-नवकिनयु्ሹ काኌमको ्ቛारा किदनांक 21.09.2023 को मदरसे में ज्वाइिሪनग के लग भग 11 माह बाद किनयुकि्ሹ प्ቔावली काया-लय में ्ቚस्तुत की गयी। जो की किनयमावली के भाग-3 की धारा 9- (2) का उलंघन है। 20. Apart from the aforesaid observation/objection, the respondent no. 3 also annexed the copy of the enquiry report, conducted by the Committee on the complaint made by Bharat Lal Rahi. 21. After forwarding the papers by the respondent no. 3 to the respondent no. 2, the respondent no. 2 has passed the impugned order dated 8.10.2024 and 5 has denied to grant financial approval to the appointment of the petitioners. In the aforesaid impugned order dated 8.10.2024, following reasons have been recorded for rejecting grant of financial approval. “1. "उ०्ቚ० अशासकीय अरबी और फारसी मदरसा मान्यता ्ቚशासन और सेवा किवकिनयमावली-2016 के भाग-3 की धारा-7 में किनम्नवत् अंकिकत है चयन सकिमतित किनयुकि्ሹ हेतु अभ्यቕኌथयों के नाम ्ቚबन्ध सकिमतित को ्ቚेकिGत करेगी। इसके उपरान्त ्ቚबन्ध सकिमतित के अनुमोदन से ्ቚथम वरिरयता के अभ्यቕኌथयों को किनयुकि्ሹ ्ቚातिधकारी (्ቚबन्धक / ्ቚधान) ्ቛारा पंजीकृत डाक के माध्यम से किनयुकि्ሹ प्ቔ ्ቚेकिGत किकया जायेगा जिजसमें पद का नाम, वेतन संरचना, परिरवी्ቌण काल तथा किनयुकि्ሹ के ्ቚकार का स्प(cid:22) उ्ቤेख होगा। सा्ቌात्कार की तितथिथ से दो स्ाह के भीतर किनयुकि्ሹ प्ቔ ्ቚेकिGत कर किदया जायेगा।" परन्तु ्ቚ्गत किनयुकि्ሹयों में सा्ቌात्कार की तितथिथ से 02 स्ाह के स्थान पर किनयुकि्ሹ प्ቔ 50 किदन के बाद ्ቚेकिGत किकया गया है। 2. किवकिनयमावली-2016 के भाग-3 की धारा-9 (2) में व्यवस्था है किक "सम्बቝኌन्धत कम-चारिरयों ्ቛारा काय-भार ्ቇहण करने से दो स्ाह के भीतर किनयुकि्ሹ या ्ቚो्ቐतित से सम्बቝኌन्धत समस्त अथिभलेख किव्ቈीय सहमतित हेतु किनरी्ቌक अरबी मदरसा को जिजला अल्पसंख्यक कल्याण अतिधकारी के माध्यम से ्ቚेकिGत कर किदये जायेगे।" परन्तु काय-भार ्ቇहण करने के दो स्ाह के स्थान पर लगभग 11 माह के उपरान्त प्ቔावली जिजला अल्पसंख्यक कल्याण अतिधकारी, मऊ को ्ቚस्तुत की गयी है। 3. ्ቦी ज्याउर-हमान स०अ०आलिलया के पद पर किनयु्ሹ अध्यापक ्ቛारा स०अ० फौकाकिनया का संल्ሿ किकया गया अनुभव (ज,न 2012 से जुलाई 2015 तक) तत्समय ्ቚचलिलत किनयमावली के अनुसार नहीं है क्योंकिक उनके पास स०अ० फौकाकिनया पद हेतु काकिमल की शैति्ቌक योग्यता नहीं है। अतः अनुभव ्ቚमाण प्ቔ मान्य नहीं है। 4. मदरसे में रिर्ሹ पदों पर भतe हेतु दो समाचार प्ቔों किहन्दी दैकिनक "किहन्दुस्तान" तथा उदु- दैकिनक "आग" में किव्ሺापन ्ቚकाथिशत कराया गया। उद,- दैकिनक 'आग' में स्नातको्ቈर के स्थान पर एम०ए० अंकिकत किकया गया था। सेवाकिवकिनयमावली- 2016 में आलिलया क्ቌाओं के लिलये शैति्ቌक अह-ता किनम्नवत् अंकिकत है "फाजिजल अथवा अरबी / फारसी / दीकिनयात से स्नातको्ቈर उपातिध तथा फौकाकिनया क्ቌाओं का तीन वG- का शैति्ቌक अनुभव।" स्प(cid:22) है किक किव्ሺापन सेवाकिवकिनयमावली के अनुसार ्ቔुकिटपण- है। 5. किनयुकि्ሹयों के सम्बन्ध में व्यापक थिशकायतें ्ቚा् हुई हैं तथा जिजला अल्पसंख्यक कल्याण अतिधकारी, मऊ की आख्यानुसार ्ቦी जमील अहमद व मो० आकिमर की किनयुकि्ሹ प,व- किनयोजिजत ्ቚतीत हो रही है।" 22. The first ground for refusal of financial approval is that in accordance with Regulation of 2016, the letter of appointment should be issued within 6 two weeks from the interview, whereas in the present case, the appointment letters have been issued after 50 days of the interview. 23. The learned counsel for the petitioners has argued that the aforesaid ground for refusing to grant financial approval is not sustainable in law. He further argued that it is provided in Regulation 6(4) of Part-III of Regulation, 2016 that the Selection Committee shall prepare the list of selected candidate in order of preference. The Selection Committee, on the basis of educational qualification and marks obtained in interview shall place the name of three candidates in the list who are found suitable for the post. The said list will be valid for 3 months from the date of selection provided that if the Ist selected candidate does not join, the list will be valid for one year. 24. It is further argued that Regulation-7 of Part-III of Madarsa Regulation, 2016 provides that the Selection Committee shall send the name of candidate for appointment to the Managing Committee. After approval of Managing Committee, the appointment letter shall be send to the candidate of first preference by the Appointing Authority (Manager/Head) through registered post, in which the name of post, salary structure, probation period and form of appointment shall be clearly mentioned. The appointment letter shall be send within two weeks from the date of interview. Copy of appointment letter shall be send to the District Minority Welfare Officer, Mad and Inspector, U.P. Madarsa Education Board. Relevant portion of Part- III of Madarsa Regulation 2016 reads as follows: 6. (1) The selection committee shall prepare a list of the candidates applied for and call for interview such candidates who fulfill the required qualification. There shall be 100 marks for academic carrier, in which 10 marks for the first division, 07 marks for second division and 05 marks for third division shall be given and the percentage of academic carrier will be counted in totality. In interview 16 marks shall be determined for each member and 10 marks shall be under the joint consent of President and Manager and the marks for interview shall be calculated on the basis of marks given by all the members. (2) Information for interview shall be given to candidates by the Selection Committee through registered post, 15 days prior to the date fixed. 7 (3) Presence of President and 4 members shall be mandatory in the interview and if for some reason the interview is adjourned then all the candidates called on for interview shall be given written information. They will also be informed through registered post 15 days prior to the next interview date. (4) The Selection Committee shall prepare a List of selected candidates is order of preference. The selection committee on the basis of educational qualification and marks obtained in interview shall place the name of three candidates in the list who are found suitable for the post. This list shall be valid for 3 months from the date of selection provided that if the selected candidate does not join the final list shall be valid for one year. 7. The Selection Committee shall send the name of candidates for appointment to the Managing Committee. After that on approval of Managing Committee the appointment letter shall be send to the candidate of first preference by the appointing authority (Manager/Head) through registered post in which the name of post, salary structure, probation period and form of appointment shall be clearly mentioned. The appointment letter shall be sent within two weeks from the date of interview. A Copy of the appointment letter shall be sent to the District Minority Welfare Officer and the Inspector Uttar Pradesh Madarsa Education Board. 25. Based on the aforesaid regulation, it is argued that the merit list is valid for period of 3 months, as such, the delay in issuance of appointment letter could not be a ground for rejecting the grant of financial approval, as during validity period of select list, the letter of appointment has been issued. 26. The aforesaid argument of learned counsel for the petitioner is based on the Part-Ill of Regulation 2016 and since the letter of appointment has been issued within the time limit of validity of the select list, the denial of grant of financial approval on this ground is not maintainable and is hereby quashed. 27. So far as the ground No.2, i.e., the delay of 11 months in forwarding the papers for financial approval instead of 2 months is concerned, from the document on record and the explanation submitted by the Committee of Management before the Competent Authority, it is clear that due to dispute between the members of the Committee of Management and the dispute being arisen after selection of the petitioners, delay occurred and the same cannot be basis for denial of financial approval, especially when the immediately on resolution of dispute by the order of the Assistant 8 Registrar, Firm Societies & Chits, Azamgarh Region, Azamgarh dated 10.4.2024, papers were forwarded to the authority on 10.4.2024 & 16.4.2024 with providing full details and reason for delay. Further delay occurred on account of reason of not accepting the document, which has not been denied by the learned counsel for the respondents in its instruction. Thus, the delay in submitting the documents being bonafide and beyond control of the Committee of Management, cannot be a basis for denying the financial approval. 28. Insofar as the third ground made in the order impugned is concerned, the experience certificate submitted by the petitioner No.2/Ziyaur Rahman pertains to the period between June, 2012 and June, 2015 and at the relevant time of this appointment, the petitioner No.2 does not have requisite qualification is concerned, it is argued that the petitioner no. 2 is having degree of Fazil, which is equivalent to M.A. and while he was teaching as Assistant Teacher (Fauquania) from the period June 2012 upto June 2015 and the qualifications that were required for being able to teach as Assistant Teacher Fauquania was Kamil, i.e. equivalent to B.A. and as such at the time when the aforesaid experience was gained by the petitioner no. 2, he was in possession of higher qualifications which was required for the post in question and as such the objection made in the order impugned regarding the qualifications of the petitioner no. 2 is without any legal basis. 29. The fourth ground, in the order impugned that the advertisement for the post in question were published by the institution in question in two newspaper namely Hindustan and Aag and in the Urdu edition of newspaper (Aag), the qualifications has been wrongly mentioned for post of Assistant स्नातको्ቈर is Teacher, Alia as M.A. in place of स्नातको्ቈर. It is argued that the Hindi translation of M.A. and as such the same are widely used in place of each other. It is argued that the mentioning of the essential qualification as स्नातको्ቈर is without any basis. It is argued that the M.A. in place of qualification as has been mentioned in Regulation 2016, the word M.A. has been mentioned the qualification as the head of Part-III, Regulation- 3. The 9 relevant portion of aforesaid Regulation in English as well as in Hindi reads as follows:- Sl. No. Designation Age Qualification 1 2 Principal (Alim or higher level Madarsa) minimum age 30 years Degree of Fazil and Kamil (Persian) with minimum 5 years teaching experience in Munshi/Maulvi or higher classes. or M.A. in Diniyat/Arabic/Persian with 50% marks and 5 years teaching experience as above. or in Fazil/M.A with Dukturah Diniyat/Arabic /Persian/Traditional Ancient subjects with 3 years experience as above. or master degree Fazil in Arbic/Persian/Theology with at least 50% marks and 3 years teaching experience of munshi/maulvi classes. minimum age 30 years Head (up to munshi and maulvi level recoganised madarsa minimum age 30 years ्ቅ० सं० पदनाम आयु अह-ता 01 ्ቚधानाचाय- (आलिलम या उ्ሴतर स्तर मदरसा) न्य,नतम आयु वG- 30 फाजिजल एवं काकिमल (फारसी) की उपातिध ंशी/मौलवी या उ्ሴतर क्ቌाओं का न्य,नतम 05 गु वGj का शै्ቌथिणक अनुभव; अथवा दीकिनयात/अरवी/फारसी में 50 ्ቚतितशत अंकों सकिहत एम० ए० तथा उपरो्ሹानुसार 5 वGj का शै्ቌथिणक अनुभवः अथवा फाजिजल/एम०ए० तथा दीकिनयात/ अरबी / फारसी / परम्परागत ्ቚाच्य किवGय में दुकत,रा सकिहत उपरो्ሹनुसार तीन वGj का शै्ቌथिणक अनुभव । 10 02 (मु ्ቚधान ंशी, मौलवी स्तर तक मान्यता मदरसा) ्ቚा् न्य,नतम आयु वG- 30 फाजिजल अथवा अरबी / फारसी/दीकिनयात में न्य,नतम 50 ्ቚतितशत अंकों सकिहत स्नातको्ቈर ंशी / मौलवी क्ቌाओं उपातिध एवं तीन वGj का मु का शै्ቌथिणक अनुभव। 30. Thus, the fourth ground is also not sustainable in law and the same is hereby quashed, being contrary to Regulation, 2016. 31. Insofar as fifth ground with regard to appointment of petitioner No.5/Jameel Ahmad and Mohd. Amir/petitioner No.3 is concerned, complaints were given to the effect that their appointments are premeditated are concerned, no specific allegation made regarding the appointment of the petitioners Nos.3 & 5 in the order impugned and without recording any reasons, only a blanket order has been passed. Thus, the fifth ground is also not sustainable. 32. It is argued that the impugned order has been passed without providing any notice or opportunity of hearing to the petitioners as well as Committee of Management and the same has been passed in complete violation of principles of natural justice. It is further argued that there is absolutely no allegation whatsoever regarding any short comings or misrepresentation on the part of the petitioners and without considering the explanations provided by the Committee of Management the order impugned has been passed. 33. From the instructions provided by the learned Standing Counsel it is also clear that no opportunity of hearing has been provided either to the petitioners or the Committee of Management before passing the impugned order, as such, on this ground alone, the impugned order dated 8.10.2024 is liable to be quashed. 34. Since all the five grounds mentioned in the impugned order for rejecting the grant of financial approval are not tenable in law and moreover, the impugned order has been passed without considering the explanation submitted by the Committee of Management regarding delay in issuing order and forwarding the papers before the Competent Authority for approval has not at all been considered by the respondent, the order 11 impugned is a non-speaking order and on this ground also, the impugned order is liable to be quashed. 35. Since the grounds, mentioned in the impugned order are not tenable in law, the impugned order dated 8.10.2024 is hereby quashed. A mandamus is issued to the respondent no. 2/Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Lucknow to grant financial approval to the appointment of the petitioners from the date of their joining and pay the regular salary to the petitioners month by month along with arrears from the date of their joining in accordance with law. 36. With the aforesaid observations, the writ petition is allowed. 37. No order as to costs. Order Date :- 21.03.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad 12