Court No. - 18
Case :- WRIT - A No. - 8584 of 2018 Petitioner :- C/M Madarsa Arbiya, Iliyot Ghat, And Another Respondent :- State Of U.P. And 3ors. Counsel for Petitioner :- Wahaj Ahmad Siddiqui,Sr. Advocate Sri Ashok Kahre Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for parties.
C/M Madarsa Arbiya, Iliyot Ghat, Mirzapur through its Manager is before this Court with the request to command the respondent authorities to approve/create the Additional post of Assistant Teachers as per the provisions of law in the petitioner's institution namely Madarsa Arbiya, Iliot Ghat, Mirzapur.
Shri Ashok Khare, Senior Advocate assisted by Shri W.A. Siddiqui, learned counsel for the petitioners, on the basis of Government Order dated 26.01.1996 (appended as annexure-1 to the writ petition) submits that the State Government had issued the aforesaid Government Order to accord grant-in-aid to the Madarsas of Arabi and Farsi and to determine several conditions to take them into grant-in-aid list of the Madarsas. He has placed reliance on the condition no.8 of the aforesaid Government Order by which the determination of minimum teachers of Madarsas were fixed at least 15 i.e. one Principal, one Clerk, one Peon and Four Assistant Teachers for Alia (High School), three Assistant Teacher for Faukaniya (Junior High School), and five Assistant Teachers for Tahtaniya (Primary Section), total 15. He further apprised to the Court that since the very beginning, the District Level Officer specially the District Minority Welfare Officer has informed to the State Government for taking appropriate decision in the light of the aforesaid Government Order.
In support of his submission, he has placed reliance on the letter dated 29.05.1999 wrote by the District Minority Officer, Mirzapur to the Registrar/Inspector, Madarsas and letter dated 10.05.2005, by which the information as has been sought for by the Registrar, Madarsas with regard to actual position of the students of the year 2004-05 has been provided. It has also been mentioned therein that the strength of students in the institution are 588, whereas in the institution total 10 teachers/staff are working and as per Government Order the strength of teachers/staff are very less in proportion with the strength of students in the institution and as such, request has been made commanding the second respondent to take decision in the matter.
Learned Standing Counsel has not disputed the said situation and submits that the grievance of the petitioner is liable to be looked into and remedied by the second respondent.
In view of the facts and circumstances of the case, without entering into the merits of the case, on consent, the writ petition is disposed of with the direction to the second respondent i.e. Director, Minority Welfare, U.P. at Lucknow to look into the grievance of the petitioner and pass appropriate order keeping in mind the aforesaid Government Orders, expeditiously, preferably within a period of three months from the date of production of certified copy of this order.
Order Date :- 27.3.2018 A. Pandey