MH SALEEM Vs. MADRAS RAFIQUL, ISLAM, GAURA BADSHAHPUR

JUDGEMENT

(1.) RESPONDENT no. 5 ­ appellant, aggrieved by the order dated 9th of December, 2009 passed by the learned Single Judge in Civil Misc. Writ Petition No. 42759 of 2006 has preferred this Appeal under Rule 5 Chapter VIII of the High Court Rules. Short facts giving rise to the present appeal are :­

(2.) THE Committee of Management assailed the aforesaid order dated 30th of January, 2006 passed by the Inspector and the order dated 5th of June, 2006 passed by the District Minority Welfare Officer, Jaunpur. Inter alia it was contended that the Inspector as also the District Minority Welfare Officer have no jurisdiction to pass the aforesaid orders.

(3.) MR . Y.K.Saxena appearing on behalf of respondents no. 1 and 2 however submits that the Inspector may possess the power to remit the matter back to the Committee of Management but before doing so it was incumbent to hear the respondents i.e. the Committee of Management.