MUSLIM INTER COLLEGE Vs. STATE OF U. P.

JUDGEMENT

(1.) As both these appeals arise from a common judgment and an order passed in Writ-A no. 11458 of 2017, they are being decided by a common judgment and order.

(2.) Special Appeal Defective No. 538 of 2022 (Regular No. 716 of 2022) has been preferred by the Committee of Management of Muslim Inter College, Thakurdwar, which is a minority institution, against the judgment and order of the learned Single Judge dtd. 25/7/2022 in Writ-A No. 11458 of 2017. After we had heard the aforesaid appeal, another Special Appeal Defective no. 547 of 2022 (Regular No. 715 of 2022) was preferred against the same order by the State of U.P. As we had already entertained the earlier appeal and had reserved our orders, the learned Standing Counsel who appeared in the subsequent appeal requested us to decide the subsequent appeal along with first appeal by adopting the arguments advanced on behalf of the Management in the earlier appeal. As a result whereof, we condoned the delay in filing of the subsequent appeal and reserved our orders on 17/11/2022. Now both these appeals are being decided by a common judgment and order.

(3.) For the sake of convenience, we are referring to the facts and the issues raised in Special Appeal No. 716 of 2022 by treating it as the lead appeal. To avoid confusion respondent no.4 on whose petition, the order was passed by the learned Single Judge is being referred to as the writ petitioner.