Learned Standing Counsel has accepted notice on behalf of respondent nos. 1 to 6. Shri R.K. Singh Gaharwar, Advocate has accepted notice on behalf of respondent no. 8.
Issue notice to respondent no. 7.
Six weeks time is accorded to each one of the respondent to file counter affidavit. Two weeks time thereafter is allowed to file rejoinder affidavit.
List after eight weeks.
It has been contended on behalf of the petitioners that in the present case the Registrar/Inspector of U.P. Madarsa Shiksha Parishad has totally overstepped his jurisdiction by proceeding to pass an order mentioning therein that Managing Committee of the institution concerned was not recognized and accordingly the disciplinary proceedings, which has been so undertaken is not being approved of. In reference to the institution the rules in question which govern the proceedings are known as Uttar Pradesh Arbi Tatha Farsi Madarso Ki Manyata Niyamawali, 1987 as amended up till date. Under the aforementioned rules wherein disciplinary proceedings have been so undertaken, it has been provided, that against the action of Committee of Management of the institution concerned the entire papers in question would be transmitted to the Inspector, Arbi Madarsa, U.P. at Allahabad and in case any illegality is found then it would be open to the Inspector to forward his suggestion. Petitioners submit that at no point of time any suggestion whatsoever has been forwarded and straight away opinion has been formed that the order of dispensation of service is bad
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and the Managing Committee of the institution concerned was not recognized. Petitioners submit that this aspect of the matter has been ignored that Committee of Management has been in effective control and salary was also ensured to the staff under its signatures and was duly recognized and dealt with, as such action taken is bad, for overstepping of jurisdiction and taking perverse view of the matter and accordingly violating the right to administer conferred under Article 30 (1) of the Constitution.
The matter requires consideration of this Court and arguments advanced, prima-facie, appears to have some substance. In view of this till the next date of listing, operation of the order dated 10th July, 2012 passed by Registrar/Inspector, U.P. Madarsa Shiksha Parishad at Lucknow is directed to be kept in abeyance.
Order Date :- 14.9.2012 Shekhar