ATAUR RAHMAN Vs. STATE OF U P

JUDGEMENT

(1.) On 1.4.1982 the petitioner was appointed as clerk in Madarsutul Masakeen, Bahadurganj, District Ghazipur which is a recognized Institution under the Uttar Pradesh Shaikshik Arabi Tatha Madarasa Ki Niyamawali, 1987.

(2.) Under U. P. Act No. 29 of 2004, the Governor promulgated the Uttar Pradesh Board of Madarsa Education Act, 2004 (hereinafter referred to as the Act). The Act provides for creation of Uttar Pradesh Board of Madarasa Education as a statutory body. Section 3 of the Act provides for constitution of the Board to be headed by a renowned Muslim educationist in the field of traditional Madarsa-Education, nominated by the State Government as a Chirperson of the Board. Section 10 provides the powers to be exercised by the Board. Section 24(1) of the Act provides conditions of service of head of the institution, teachers and other employees. It contemplates that the head of the institution, teachers and other employees of an institution shall be governed by such conditions of service as may be prescribed by regulations and any agreement between the Committee of Management and such head of institution, teachers or employees. As per Section 24(2), without prejudice to the generality of the powers conferred by sub-Section (1) the regulations may provide for:- (a) the code of conduct, the period of probation, the conditions of confirmation and the procedure and conditions for promotion and punishment including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in any criminal case for an offence involving moral turpitude and the allowances for the period of suspension and termination of service with notice; (b) the scales of pay and payment of salaries; (c) grant of leave and provident fund and other benefits, and (d) maintenance of record of work and service.

(3.) The regulations framed under the aforementioned Act will also cover the cases of punishment required to be imposed on employee working in the Madarsa.