C/M, MADARSA ARABIA AHLE SUNNAT MADINATUL ULOOM, SANT KABIR NAGAR, AND ANOTHER Vs. STATE OF U P AND 3 OTHERS

JUDGEMENT

(1.) Heard Sri Mohammad Ali Ausaf, learned counsel for the petitioners, learned Standing Counsel for respondent Nos.1, 2 and 3 and Sri Prabhakar Awasthi and Sri Sami Ullah Khan learned counsel for respondent No.4.

(2.) The petitioners have preferred the present writ petition challenging the order dated 21.12.2018, passed by respondent No.2/Registrar/Inspector, U.P. Board of Madarsa Education Lucknow.

(3.) Facts as contained in the writ petition are that the Institution in question namely Madarsa namely Madarsa Arabia Ahle Sunnat Madinatul Uloom, Village Mahadeva, Post Office Nandaur, District Sant Kabir Nagar is a recognized Madarasa imparting education upto Alia Classes, i.e., upto intermediate level. The Madarsa in question is also in the grant in aid list of State Government and all the teachers and other employees are getting their salary through State fund. The service conditions of the teaching and non-teaching employees of the Madarsa in question are governed by the Rules namely U.P. Arabi Tatha Farsi Madarson Ki Manyata Avam Sewa Niyamawali, 1987. Subsequently, U.P. Board of Madarsa Education Act, 2004 (hereinafter referred as Act 2004) had come into existence. In terms of the provisions of the Act, 2004 the State Government has framed a Regulation namely The U.P. Non Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016 (hereinafter referred to as Regulations, 2016). The petitioner No.1 is a duly elected and recognized Committee of Management and the petitioner no.2 is a duly elected and recognized Manager of the Institution in question.