- (1.) RAJIV Sharma, J. Both the writ petitions have similar facts, hence they are being decided by a common judgment.
(2.) IN Writ Petition No. 2407 of 1998 (S/s), the petitioner has challenged the show-cause notice dated 14- 2-1998 whereby the petitioner was required to show-cause why his services be not terminated. He further prays for a direction to allow the petitioner to discharge his duties of teaching, in a congenial atmosphere without any hindrance and victimization and further to pay his due salary alongwith admissible allowances etc. and continue to pay the same regularly in future every month. During the pendency of the aforesaid writ petitions, the petitioner's services were terminated and he filed Writ Petition No. 1971 of 1999 (S/s), challenge the termination order dated 10-4-1999 issued by the Secretary and further for a direction to reinstate with all consequential benefits, including back wages, treating him to be on duty throughout. It has been stated that Madarsa Dar-ul Moballeghin (hereafter referred to as the 'madarsa') situated at Pata Nala, Lucknow, is an old reputed institution existing since about sixty years established by the Anjuman Hidayatul Muslameen Pata Nala, Lucknow and controlled as well as managed by the Majlise- lntizamiya (Committee of Management) of the said Anjuman Hidayatul Muslameen. The said 'anjuman' is a registered body, registered under the Societies Registration Act, 1860 with its registration No. 40/1935-36, the aforesaid Madarsa established and managed by the Anjuman are amenable to writ jurisdiction under Article 226, being a State within the meaning of Article 12 of the Constitution as the said bodies are discharging public duties.
(3.) THE Institutions received financial assistance in the form of donations from the public within the country as well as abroad, the nature of public duties are such which are avowed Constitutional functions of our Welfare-state. It has been stated that bye-laws deals with the aims and objects of the Anjuman and Bye-laws-2 (ha) as also Bye-law No. 18 provide for the establishment and control of institutions in furtherance of which the said Dar-ul-Moballeghin exists. Bye-laws No. 8 provides for the creation of a Majlis-e-Intezamiya (Committee of Management) to fulfill the aims and objects of the 'anjuman' and Bye-laws No. 9 deals with the size of the Majlis-e- lntezamiya as well as the number and designation of the office bearers. Bye-laws No. 26 empowers the Motmad (Secretary), subject to the approval of the Saheb-e-Sadr, to appoint/terminate the employees.;