Maryam Arbi Madarsa v. Union of India and 3 Others

Court No. - 10 Case :- WRIT - C No. - 30311 of 2023 Petitioner :- Maryam Arbi Madarsa Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Akhilesh Kumar Rajbhar, learned counsel for the petitioner, Shri Vivek Kumar Singh, learned counsel for the respondent No.1, Union of India and Shri R.P. Tiwari, learned Standing Counsel for the State-respondent Nos. 2 to 4.

¶2This writ petition has been filed seeking a writ of Mandamus commanding the respondent No. 1, Union of India, through Ministry of Human Resource Development, Government of India, to decide the proposal regarding grant-in-aid under Madarsa Modernization Scheme (SPQEM).

¶3Learned counsel for the petitioner submits that under the aforesaid Scheme, petitioner No. 1 approached the Authorities and when no action was taken, the petitioner filed Writ C No. 40128 of 2019 (Maryam Arbi Madarsa vs State of U.P. and 2 others), which was disposed of by this Court by order dated 09.01.2020, directing the Director, Minority Welfare U.P. Lucknow to consider the petitioner's claim.

¶4It is contended that the order of writ Court was complied with and the petitioner's representation was considered and decided by the Director, Minority Welfare, U.P. Lucknow by order dated

21.09.2021 referring to positive recommendation made by the concerned Committee constituted at the level of Government. Learned counsel for the petitioner has read out the portion of order, which speaks that after approval of the Committee, proposal has been sent to the Ministry of Human Resource Development, Government of India, but till today no response has been received from the Central Government.

¶5Considering the facts and circumstances of the case, the writ petition stands disposed of directing the respondent No. 1, Union of India, through Ministry of Human Resource Development, Government of India, to deal with the proposal referred to in the order dated 21.09.2021 sent by the Director, Minority Welfare, U.P. Lucknow, strictly in accordance with law and pass an appropriate order by the end of March, 2024, provided a certified copy of this order is served in the office of respondent No. 1 by the petitioner in the month of December, 2023. Order Date :- 8.12.2023 Sazia High Court of Judicature at Allahabad