AZRA KHATOON Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a teacher in a Madarsa. She is aggrieved by the order of her termination dated 26.12.1998 and the resolution passed by the committee of management to the said termination. Shorn off unnecessary details, the brief facts are given hereunder:

(2.) Madarsa Arabiya Shahjahan (Niswan) Akbarpur, Allahabad is a Madarsa where Arabic and Persian is imparted. It receives aid out of State Fund. The State Government has framed separate Rules known as Uttar Pradesh Ashaskeeya Arbi Tatha Farsi Madarson Ki Manyata Niyamawali, 1987 (in short Rules, 1987). The said Rules provides the procedure for recognition, terms and conditions of the teachers etc. The Madarsa is established by a society and administered by the respondent No. 5/Committee of Management. It is stated that petitioner was appointed against the vacancy Tehtania in pursuance of an advertisement which was made by the respondent No. 5 herein. She was found suitable and appointment letter dated 14th August, 1995 was issued to her in pursuance thereof she joined her post and started functioning.

(3.) It is averred that when her as salary was not paid she made representation and her various representations failed to elicit any response from the authorities concerned. Thereafter she approached this Court by means of Writ Petition No. 29459 of 1998. The said writ petition was dismissed with liberty to file a fresh writ petition as there were certain defects in the writ petition. A copy of the order dated 10.11.2000 of this Court dismissing the writ petition with liberty to file a fresh writ petition is placed on record as Annexure-1. It is stated that on account of the said action the committee of management was annoyed and without resorting to any disciplinary proceedings her services have been terminated. It is alleged in the writ petition that no disciplinary proceedings have been initiated against her neither she was afforded any opportunity of hearing without taking approval from the Inspector Arabic Madarsa her services have been terminated.