- (1.) HEARD Sri Sharad Pathak, learned counsel for the petitioners, learned Standing counsel for the State and Sri G. M. Kamil.
(2.) PETITIONER has challenged order dated 14.1.2011 passed by Principal Secretary, Minority Welfare Department, Government of U.P. -opposite party No.1. The impugned order is contained in annexure No.1 to the writ petition. The petitioner has also prayed for a writ of mandamus to command the opposite parties to release funds for payment of salary to the teachers and other employees of the petitioner pursuant to the Government Order dated 2.5.2005.
(3.) THE facts as set out in the writ petition are to the effect that Madarsa Ehl -e -Sunat, Noor -ul -Uloom Atiqya, Maharajganj Bazar Tarai, District Balrampur i.e. the petitioners' Madarsa, is being run and managed by a society known as Jamiya Ahlay Sunnat Nurul Uloom, Maharajganj Tarai, district Balrampur registered under the Societies Registration Act, 1860, which was registered as such in the year 1979. Registration Certificate of the aforesaid society is renewed up to the year 2015. Uttar Pradesh Manyata Evam Seva Niyamawali of Arbi and Farsi Madarsas, 1987 Rules which were enforced on 22nd August, 1987 make a mention in Rule 39 of the same that Grant -in -Aid of any madarsa can be suspended only in case of misuse or misappropriation of grant. Registrar the opposite party No.4 sent information with regard to the petitioners' madarsa to the State Government for the purpose of extension of Grant -in -aid to the Madarsa and the name of the petitioners' madarsa finds place at serial No.31 of the list which shows that the petitioners' madarsa fulfilled all the conditions for extension of grant -in -aid to the madarsa as prescribed n the Government Order dated 25.01.1996. In the last column the information as to whether the Committee of Management of the madarsa is disputed or not ? It has been specifically been mentioned that there is no dispute of the committee of managemnt. Till May 12, 2004 i.e. at the time of submitting of report by the Registrar, there was no dispute of the committee of management in the madarsa.;