C/M Madarsa Darul Uloom Muhammdiya and Another v. State of U.P. and 2 Others

Court No. - 10 Case :- WRIT - C No. - 28254 of 2023 Petitioner :- C/M Madarsa Darul Uloom Muhammdiya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Chaturvedi Counsel for Respondent :- C.S.C,Pranav Mishra Hon'ble Kshitij Shailendra,J.

¶1Heard Sri Narendra Kumar Chaturvedi, learned counsel for the petitioners, learned Standing Counsel for the State-respondents no.1 and 3 and Sri Pranav Mishra, learned counsel for the respondent no.2.

¶2It is contended that Zulfiqar Ali was a teacher in the petitioner-Madarsa and was suspended by the petitioner and when he filed Writ-A No.10489 of 2023, this Court by order dated 27.07.2023 granted an interim protection observing that unless a draft Scheme of Administration is approved by the Registrar, no disciplinary proceedings could be initiated against the teaching and non-teaching staff. By referring to the order dated 27.07.2023 passed in the said Writ-A No.10489 of 2023, specially paragraphs no.9 and 10 whereof, it is submitted that, admittedly, the petitioner has presented a draft/model Scheme of Administration of the petitioner-Madarsa before the Registrar/ Inspector of U.P. Madarsa Shiksha Parishad, Lucknow (respondent no.2) on 22.12.2022 but no decision has been taken thereon.

¶3Sri Pranav Mishra, learned counsel for the respondent no.2 admits that the aforesaid representation was submitted by the petitioners on 22.12.2022 and expeditious decision shall be taken thereon.

¶4Having heard the learned counsel for the parties, this writ petition is disposed of with a direction to the Registrar/ Inspector of U.P. Madarsa Shiksha Parishad, Lucknow (respondent no.2) to pass appropriate orders in the mater of approval of Model Scheme of Administration of the petitioner pending since 22.12.2022, within a period of three months from the date a certified copy of this order is produced before him.

¶5It is made clear that merits of the petitioners' claim for approval of the Scheme have not been examined by this Court and the respondent no.2 while passing the decision in the matter shall take into consideration the relevant provisions of law and shall decide the matter after providing full opportunity of hearing to the parties. Order Date :- 19.10.2023 AKShukla/- High Court of Judicature at Allahabad