- (1.) Chandergaon Madrasah Faiza Ne Mustafa is an Association registered under the Societies Registration Act, 1961. Chandergaon Madrasah Faiza Ne Mustafa is run by the said society in which one Md. Dabiruddin is the Secretary. Admittedly, Md. Dabiruddin has not applied for converting the said Madrasah to a Madhyamik Siksha Kendra. The other Madrasah in the same locality which was run in the name of Chandergaon Madrasah Faiza Ne Mustafa Junior High Madrasah by one Md. Daniyal has been converted to a Madhyamik Siksha Kendra provisionally on the basis of an application submitted by Md. Daniyal 2 before the concerned authority. The legality and validity of such provisional conversion of the said Madrasah to a Madrasah Siksha Kendra was challenged by the other Madrasah run by the said society in an earlier writ petition being W.P. No. 9986(W) of 2010 which was disposed of by a learned Single Judge of this Court on 19th May, 2010 whereby the Director of Madrasah Education was directed to consider the grievance of the said Madrasah run by the society and dispose of the same by passing a reasoned order within a fixed period. Pursuant to the said direction passed by this Hon ble Court in the said writ petition, the grievance of the said Madrasah run by the said society was considered after hearing the parties interested in the said dispute and ultimately it was held that the provisional conversion which was passed by the Director of Madrasah Education was vitiated by fraud as the conditions which were required to be fulfilled for obtaining such conversion order, in fact, were not be fulfilled by the petitioner. It is observed by the said Director that the petitioner s Madrasah had neither any infrastructure nor it had any land and/or any bank account at the relevant time. It is further observed by him that the land on which the said Madrasah is now operating, was purchased by the petitioner s Madrasah in 2009 and the bank account was opened by the petitioner s Madrasah in 2008. Thus, the conditions for conversion of a Madrasah to a Madrasah Siksha Kendra as per Government policy, have not been fulfilled in the instant case.
(2.) Let me now consider as to how far such decision of the Director of Madrasah Education can be supported in the facts of the instant case.3 One of the conditions for allowing such conversion as per the Government policy is that the Madrasah should not only be established but also should remain functional at least for three years before the cut off date i.e. 31st December, 2008. This condition apparently has not been satisfied in the instant case as the said Madrasah had no infrastructure prior to 2008. Apart from the said irregularity it was also detected by the said Director that Md. Daniyal committed fraud upon the authority by mentioning the registration number of the other society which is running the other Madrasah as the registration number of the petitioner s society and also by claiming the land and other infrastructure of the society s Madrasah as the land and infrastructure of Md. Daniyal s Madrasah. Thus, this Court has no hesitation to hold that the petitioner s Madrasah misled the authority by giving incorrect and false data about his Madrasah in the application submitted by Md. Daniyal wherein he prayed for its conversion to a Madrasah Siksha Kendra. In fact, the concerned authority allowed Md. Daniyal s prayer for such conversion of his Madrasah to a Madrasah Siksha Kendra with the impression that the information which were supplied by Md. Daniyal in his said application were true and correct. When the Director of Madrasah Education detected that such informations given by Md. Daniyal were incorrect and ultimately held after such detection that the approval accorded for such conversion was liable to be withdrawn, this Court sitting in this jurisdiction, refuses to interfere with such an order of the Director of Madrasah Education particularly when this Court finds that the writ petitioner has failed to prove that it had sufficient infrastructure including the land and 4 bank account at the relevant time and it was functioning with such infrastructure for a period of at least three years prior to the cut off date i.e. 31st December, 2008.
(3.) Since the State Government decided that such conversion will be granted only to those Madrasahs which were working for at least three years upto 31st December, 2008 and further since the petitioner is unable to satisfy such condition, this Court is of the view that the petitioner was not entitled to get his Madrasah converted into a Madrasah Siksha Kendra. Since fraud vitiates everything, this Court cannot grant any relief to the petitioner herein as it is apparent on the face of the record that such conversion order was procured by the petitioner by commission of fraud upon the authority. Before concluding this Court records that even though it is found that said Madrasah has been functioning satisfactorily, still this, no relief can be granted to the petitioner. Under these circumstances the writ petition stands rejected. Urgent xerox certified copy of this judgment, if applied for, be given to the parties as expeditiously as possible.;