YUNUS ALI SHA Vs. MOHAMED ABDUL KALAM

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, Madrasa Islamia Darululoom, Gope, District Puri, Orissa, is a minority educational institution set up to impart education upto standard eight in the State of Orissa. It is a Government aided institution. Aid is paid by the Government in lump sum to the institution to be distributed amongst the teachers and staff. The appellant's school is under the control of the Director of Education through the special officer for Mohammedan education. Respondent No. 1 was the Head Master (head Maulbi) of the appellant's school and the second respondent was the Assistant Teacher of the appellant's school at the material time.

(3.) On 16-11-1986, a show cause notice was issued to respondents 1 and 2 in respect of various irregularities committed by respondents 1 and 2. Thereafter, the Managing Committee considered the conduct and activities of respondents 1 and 2 at its meetings held on 22-5-1987 and 27-9-1987. Ultimately on 14-10-1987, the Managing Committee resolved to remove the respondents from service. In the resolution, the committee also explained the reasons for removal. Accordingly, by an order dated 15-10-1987 issued by the Secretary of the said school, services of respondents 1 and 2 were terminated.