ASHOK BHUSHAN,J. - (1.) THESE two writ petitions raises same issues and have been heard together. Counter and rejoinder-affidavits have been exchanged in both the writ petitions and with the consent of the learned counsel for the parties, the writ petitions are being finally decided.
(2.) BOTH the writ petitions have been filed praying for issue of writ of quo warranto against two private respondents namely Haji Rizwanul Haque and Gyasuddin Nadvi not to function as Chairperson and Member of U.P. Board of Madrasa Education. First writ petition has been filed by the Teacher Association (a registered Society) questioning the nomination of respondent Haji Rizwanul Haque as Chairperson of the Madarsa Board and Gayasuddin Nadvi as Member of the Madarsa Board. Prayer has also been made to quash the Gazette Notification dated 14th December, 2007, by which both the respondents have been nominated by the State Government as Chairperson and Member of the Board.
(3.) THE petitioner's case in the writ petition is that under U.P. Board of Madarsa Education Act, 2004, (hereinafter referred to as 'the Act') the State is empowered to constitute the Board under Section 3 of the Act. Section 3(3) of the Act provides qualification for being nominated in the Board as Chairperson or member. It is contended that both the private respondents do not possess the qualification as required under Section 3(3) of the Act and hence, a writ be issued commanding them not to function in the aforesaid office and the Notification, nominating them in the Board, be quashed.;