JUDGMENT Arun Tandon, J.
1. Heard Sri R.K. Jain, Senior Advocate, assisted by Sri Rahul behalf of Respondent Nos. 1 and 3.
2. Petitioner Abdul Naeem Ansari, who claims himself to be the senior most qualified Assistant Teacher of the institution and, therefore, working as Head Master of the Madarsa Arabia Shamshul-ulum, has Tiled this writ petition against an order passed by the Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad dated 2nd June, 2004, whereby the District Minority Welfare has withdrawn the order of the single operation of the institution.
3. It is not in dispute that for the purposes of payment of salary of the teachers and other staff of the recognized/added Madarsa there is no statutory Act or Rule applicable. With regards to payment of salary of teachers, the aid released by the government is distributed under various Government Orders to the validly appointed staff of the Madarsa and for the said purposes the State Government has issued various Government Orders for operation of the bank account through which salary is paid to the staff.
4. In such circumstances, the order passed by the Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad dated 2nd June, 2004 directing that the account of the Madarsa shall be operated under the signature of the Prabandhak of the Madarsa cannot be said to have been passed in violation of the statutory Act or Rule. Even otherwise the petitioner, who only claims himself to be an officiating headmaster can have no grievance against the order of the Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad dated 2nd June, 2004 directing for operation of the bank account with the signature of Manager. At the best the petitioner is entitled for regular payment of his salary as and when grant is released by the State Government.
5. It is further contended that two persons claim themselves to be the Manager of the Madarsa, therefore, single operation of the account was directed earlier. The said order has been withdrawn without recording any reasons and without notice or opportunity to the petitioner.
6. The earlier order dircting single operation of bank account (Annexure-4 to the writ petition) has been passed by the Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad with reference to a letter sent by the petitioner himself dated 8th March, 2004 stating therein that there is a dispute of rival management in the institution.
7. The Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad has not noticed any dispute in the impugned order and has simply relied upon the allegations made by the petitioner in the aforesaid letter. Further no person has come forward to challenge the order of the Zila Alp Sankhyak Kalyan Adhikari, Farrukhabad dated 2nd June, 2004 till date on the basis of the rival claim of management. The petitioner somehow wants operation of bank account singly to the exclusion of the Committee of Management of the Madarsa. This writ petition has been filed by way of Peshbandi which cannot be legally permitted.
8. The petitioner cannot be said to be an aggrieved person inasmuch as none of the legal right of the petitioner have been adversely affected by the order under challenge.
9. As already stated above, the petitioner is only entitled to his salary and for the said purpose it is not his concern as to whether salary is released under joint signature of the Manager and the authority concerned or through single operation of the accounts.
10. It is, thus, apparent that the present writ petition has been filed for purposes of espousing the cause of an alleged rival management The petitioner for the reasons best known to him wants to set up a case so as to suggest a dispute in respect of the management of the institution.
11. Writ petition is, accordingly, dismissed.