FATMA KHATOON Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri. Mohd. Ali Ausaf, learned counsel for the petitioners, learned standing counsel for respondent Nos. 1, 2 and 3, Sri. Manu Singh for respondent No. 4 and Sri. M.A. Quadeer, learned Senior counsel assisted by Sri. W.A. Siddiqui for respondent Nos. 5 and 6. Respondent No. 7, Idrish Khan, is the alleged Manager who is stated to have appointed the petitioners and infact has supported their cause, as such it is not necessary to issue any notice to him at this stage inasmuch as all the other counsel for the respondents pray that the matter be disposed of finally without waiting for any further counter-affidavit.

(2.) The facts have been elaborately disclosed in the writ petition and the documents have been placed on record on the basis whereof learned counsel for both the parties have advanced their submissions as such the matter is being disposed off under the Rules of the Court with their consent.

(3.) Challenge raised in this writ petition is to the order passed by the respondent Registrar dated 01.05.2013, where by he has proceeded to reject the claim of the petitioners as teachers in Madarsa Rizviya Ahle Sunnat, Rustampur, Post Sanichara Bazar, Tehsil Khalilabad, District - Sam Kabir Nagar. Simultaneously he has further found four teachers to be the validly appointed teachers of the Madarasa through the respondent No. 7 -Idrish Khan who are other than the petitioners. He has further held that the jurisdiction to decide the dispute was available with him, and since the petitioners have been appointed against unavailable posts, namely that they were not vacant on the date of their appointment, their claim has been rejected. The Registrar, has further held that the dispute with regard to the validity of the Committee of Management stood resolved finally in terms of the order dated 06.06.2011 and in such circumstances, the petitioners cannot claim any right to continue in the institution. Accordingly, the termination orders of the petitioners issued by the respondent Nos. 5 and 6, the recognised Management has been upheld.