MADARSA FAIZANUL ULOOM Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the orders dated 23.7.2015 and 13.8.2015 by which, the Government has issued a list of Madarsas to be taken under grant in aid by the Government in so far as it relates to the exclusion of the petitioner's Madarsa therefrom and also praying for quashing of the Minutes of the meeting of the State Level Committee alleged to have been held on 11.2.2016, 7.4.2016 and 15.9.2016, rejecting the claim of the petitioner for grant in aid again. Copies of such decisions being annexed with the supplementary counter affidavit of the respondents, the second prayer has been added by way of amendment incorporated on Court's order dated 10.4.2019. A further prayer has been made to issue a direction to the respondents to appoint an independent agency to conduct an enquiry in the matter of bungling, corruption and malpractice adopted by respondent nos.1 to 4 in the process of selection of Madarsas for the purpose of grant in aid to be extended to them.

(2.) Initially, when the writ petition was filed, a preliminary objection was raised on behalf of the respondents that the Prayer no.3 made in the writ petition was in the nature of a grievance raised in a public interest litigation and this Court should not undertake a roving and fishing enquiry on vague allegations made in the writ petition.

(3.) Learned counsel for the petitioner had agreed not to press Prayer no.3, relating to bungling and initiation of an enquiry by an independent agency but has confined his arguments to the illegality committed by the respondents in not taking the petitioner's Madarsa under grant in aid.