MOHD. FAHIM JAMAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against the order of the Registrar, Arbi and Farsi Education Board, U.P., Lucknow dated 02. 12.2014, revoking the approval granted to the petitioner's appointment as an Assistant Teacher (Tahtania).

(2.) The facts briefly said are that the Al-Jamaiatul Islamia Mambaul Maarif, Village Sumbhi, Post Gambheerban, District Azamgarh is a Society registered under the Societies Registration Act, 1860, bearing Registration No.929/1992-93. It was registered with the Registrar of Societies on 12/12/1993. Hereinafter, it shall be referred to as 'the Society'. The Society has its bylaws, also registered. In keeping with the objects of the Society, to promote learning of Arabic and Persian language and also Islamic religious ethics, it established an institution, known as Madarsa Al-Jamaiatul Islamia Mambaul Maarif, Village Sumbhi, Post Gambheerban, District Azamgarh (for short, 'the Institution'). The Institution was recognized by the competent Authority way back in the year 1996. A maintenance grant was extended to it in the year 2005 by the Government. The affairs of the Institution are managed by a Committee of Management of the Society/ Institution. According to the bylaws of the Society, this Committee of Management comprises a President, called a Sadar, a Vice President (Naib Sadar), one Manager, one Deputy Manager, a Cashier and an Auditor. These are all office bearers of the Society as well as its maintained Institution.

(3.) The time to which this matter relates, the recognition of Madarsa as well as appointment of its teachers were governed by the Manyata Evam Sewa Niyamavali, Arbi Tatha Farsi Madarse, U.P. (for short, 'the Regulations'). These Regulations were approved and circulated by the State Government vide Government Order dtd. 22/8/1987. These were amended from time to time. Regulation 20 of the Regulations provides that the Management would constitute a selection committee, a month before commencement of the academic session, in order that suitable candidates are selected and appointed against vacancies of teachers. In cases where a mid-session vacancy occured, the Management of the Institution would be entitled to appoint on ad hoc basis for two months, a suitable teacher. In the matter of selection of assistant teachers, the Principal/ Headmaster would also be a member of the selection committee.