Hon'ble Sudhir Agarwal - (1.) HEARD Sri Krishnaji Khare for the petitioner and learned Standing Counsel for respondents No. 1 to 4. Respondent No. 5 is represented by Mrs. Swati Agrawal but she is not present though the case has been called out in revised list and besides her, names of Sri Rizwan Ahmad and Mansoor Ahmad are also shown in the cause list
(2.) IT is contended that the petitioner-institution, namely, Madarsa Arabia Ataurrasool, Siswa Bazar, District Maharajganj is a minority institution wherein the respondent No. 5 was working as Assistant Teacher. IT appears that a charge- sheet was issued to the respondent No. 5 and inquiry officer was also appointed. After inquiry, the committee of management passed an order on 22.1.2006 terminating him whereagainst the respondent No. 5 made a complaint before the Registrar/Inspector, Arabi and Farsi Madarsas, U.P., Lucknow who has passed the impugned order dated 16.3.2006 observing that the order of termination appears to have been passed without properly considering reply of the respondent No. 5 and, therefore, is in violation of the principle of natural justice hence the appropriate action be taken. The said order passed by the Registrar is addressed to District Minority Welfare Officer, Maharajganj who pursuant to said order has passed the second impugned order dated 17.3.2006 directing the petitioner- institution to treat the respondent No. 5 in continuous service and pay salary in accordance with law. Sri Khare, learned counsel for the petitioner submitted that both the impugned orders passed by the Registrar/Inspector, Arabi and Farsi Madarsas, U.P., Lucknow and District Minority Welfare Officer, Maharajganj are wholly without jurisdiction. They have no such power under any provision to interfere in the management of the minority institution including disciplinary action taken against teaching staff of such institution. Learned counsel appearing for respondent No. 5 through his counter-affidavit could not show that the respondent Nos. 2 and 3 had any power under statute to interfere with the order passed by the management of petitioners-institution in respect to disciplinary action of its teaching staff.
(3.) UTTAR Pradesh Ashashkiya Arbi Tatha Farsi Madarson Ki Manyata Niyamawali has been placed before this Court. Apparently the rules are not statutory as also declared by the covering letter dated 22nd August, 1987 reads as under: JUDGEMENT_267_ADJ4_2011Image1.jpg Further para 34 thereof reads as under: JUDGEMENT_267_ADJ4_2011Image2.jpg ;