Court No. - 58
Case :- WRIT - A No. - 26965 of 2018 Petitioner :- C/M Madarsa Rahmate Niswa And Anotehr Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prabhakar Awasthi,Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Ram Prakash Vishwakarma,Sanjeev Singh,Santosh Kumar Mishra
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the District Minority Welfare Officer dated 22nd of November, 2018 is challenged in the present writ petition, whereby a direction has been issued to the petitioners-Institution to provide all records relating to the Madarsa to Mr. Asal Mehmood Principal and to reinstate Mrs. Seema Parveen on the post of Assistant Teacher (Furkaniya) in compliance of the orders of this Court.
A brief recapitulation of previous adjudication in respect of the same cause, would be necessary to appreciate the rival contentions advanced. It appears that the private-respondents, Mr. Asal Mehmood and Mrs. Seema Parveen approached this Court by filing Writ Petition No. 7787 of 2018, seeking enforcement of the order passed by the Registrar, U.P. Madarsa Shiksha Parishad dated 21st of February, 2018, wherein following orders have been passed:
"Without adverting to the merits of the case, on consent, the Writ Petition is disposed of asking the District Minority Welfare Officer, Allahabad to look into the grievance of the petitioners and pass appropriate order keeping in mind the order dated 21.02.2018 passed by the second respondent, preferably within a period of six weeks from the date of production of certified copy of this order but certainly after according opportunity of hearing to the fourth respondent."
It appears that the Institution thereafter filed Writ Petition No. 8873 of 2018 challenging the order of the Registrar on the ground that adequate opportunity of hearing has been denied to the petitioner, wherein following orders were passed on 9th of April, 2018:-
"An order passed by the Registrar, U.P. Madarsa Shiksha Parishad, dated 21.2.2018 is challenged whereby the resolution of the Committee of Management to suspend Sri Ashad Mahmood and Smt. Sima Parveen, Principal and Assistant Teacher, respectively, in the institution, has been disapproved. One of the grounds taken to challenge the order is that the petitioner Committee of Management has not been afforded reasonable opportunity of hearing.
While entertaining the writ petition following orders were passed on 2.4.2018:-
"One of the grounds urged to impeach the impugned order is that petitioner has not been afforded opportunity of hearing. It is stated in para 27 that petitioner's representative has asked for details/documents, which have been filed by other side, but instead of providing it the authority concerned has proceeded to reject grant of approval to the order of suspension.
Learned Standing Counsel as well as Sri R.C. Singh, learned counsel appearing for the respondents may obtain instructions.
Post as fresh on 9.4.2018. "
Learned counsel for the respondents on the basis of instructions submits that notices were issued to the petitioner in the matter, but the Manager has not appeared.
From the facts and circumstances brought on record, it transpires that petitioner Committee of Management was put to notice in the matter. It is, however, not in issue that the documents which have been submitted by the respondents and have been relied upon for the purposes of passing the order under challenge have not been furnished to the petitioner. In such circumstances, the grievance raised by the petitioner that adequate opportunity of hearing has been denied to it appears to have substance.
It appears that private respondents had filed a writ petition with the grievance that the concerned authority has not taken a decision upon their objection against the resolution of Committee of Management to place them under suspension. A direction was issued to consider the cause. It is, in such circumstances, that the Registrar has proceeded to pass an order.
In the facts and circumstances, this petition is accordingly disposed of with the direction upon the District Minority Welfare Officer, Allahabad to furnish all documents, which are relied upon against the petitioner for the purposes of disapproving the resolution, within two weeks from today. Petitioner shall be at liberty to approach the Registrar thereafter alongwith certified copy of this order. The Registrar shall afford an opportunity of hearing to the petitioner as also respondent nos.5 and 6 and shall proceed to pass a fresh order in the matter relating to grant of approval to the resolution of the Committee of Management to place the private respondents under suspension. Such order shall be passed within a further period of two months thereafter. The order under challenge in the present petition shall remain subject to the fresh order to be passed by the Registrar, as indicated above."
The petitioner instead of immediately approaching the District Minority Welfare Officer or Registrar waited for sufficiently long, and thereafter, made a representation to the District Minority Welfare Officer, Allahabad on 4th of June, 2018, wherein a prayer was made to provide all documents to the Committee of Management in terms of the order of this Court dated 9.4.2018. A prayer was made to recall a subsequent order of the District Minority Welfare Officer dated 8th of May, 2018. Copy of this representation dated 4.8.2018 was also marked to the Registrar. However, the Registrar was not approached by the petitioner in terms of the order dated 9.4.2018 for re-visiting the order dated 21st of February, 2018. It is submitted that none of the documents have been provided by the District Minority Welfare Officer upon petitioners representation dated 4.6.2018, but specific plea in that regard is found wanting in this petition. The private-responders thereafter appear to have filed a Contempt Petition No. 3317 of 2018, in which the Contempt Court took note of the fact that an order dated 5.5.2018 has already been passed by the concerned authority in compliance of the directions issued in Writ Petition No. 7787 of 2018, and therefore, the proceedings were consigned to records. The order dated 9.8.2018 passed in Contempt Application (Civil) No. 3317 of 2018 is reproduced thereinafter.:-
Heard learned counsel for the parties.
The present contempt petition has been filed alleging disobedience of the order dated 14.3.2018 passed in Writ-A No. 7787 of 2018, whereby following direction was issued:
"Without adverting to the merits of the case, on consent, the Writ Petition is disposed of asking the District Minority Welfare Officer, Allahabad to look into the grievance of the petitioners and pass appropriate order keeping in mind the order dated 21.02.2018 passed by the second respondent, preferably within a period of six weeks from the date of production of certified copy of this order but certainly after according opportunity of hearing to the fourth respondent. "
Sri K.R. Singh, learned Additional Chief Standing Counsel has brought on record the copy of the order date 5.5.2018 whereby the claim of the petitioner was considered and direction was issued to the Manger to permit the applicants to join their posts and to ensure the payment of salary to them.
Therefore, no cause of action survives.
The application is finally disposed of and consigned to record."
Despite such order, since the private-respondents were not permitted to join, the District Minority Welfare Officer has now passed the order dated 22nd of November, 2018, which is impugned in the present writ petition. This order records that the order of the Registrar dated 21st of February, 2018 is required to be complied with and as the previous order of 5th of May, 2018 has not been implemented, a consequential direction has been issued to the Committee of Management.
Learned counsel for the petitioner submits that the District Minority Welfare Officer has no jurisdiction in the matter and once the Registrar had been directed by this Court to re-visit his order dated 21st of February, 2018, the District Minority Welfare Officer would not be justified in passing orders impugned.
Shri Sajeev Singh, learned counsel for the private-respondents on the other hand submits that the petitioners have not taken benefit of the order dated 9th of April, 2018 passed by this Court and once the consequences of the Registrar's order of 21st of February, 2018 have ensued with consequential orders passed by the District Minority Welfare Officer, the petitioners have approached this Court.
Submission is that since the petitioners have not availed of the benefit under the order dated 9.4.2018 they can have no grievance against the orders impugned.
I have heard learned counsel for the parties and have perused the materials brought on record. Facts relevant for adjudication of the present controversy have already been noticed above. This Court finds substance in the objection taken by the respondents that the petitioners have not availed of the remedy made available to them under the order dated 9.4.2018 of this Court passed in Writ Petition No. 8873 of 2018. Except for making a representation on 4th of June, 2018, the petitioners neither have pressed their claim for providing the relevant records nor have approached the Registrar for re-visiting his order dated 21st of February, 2018. Mere marking of the representation to the Registrar dated 4th of June, 2018, would not be treated as an act of compliance in-furtherance of the order dated 9th of April, 2018. In such circumstances, the petitioner itself is to be blamed for the present state, in which it has landed. The consequential orders of the District Minority Welfare Officer, is therefore, not required to be interfered with. However, in the facts and circumstances it shall be open for the petitioner to seek appropriate compliance of the orders dated 9.4.2018 by approaching the Registrar after obtaining relevant records from the office of the District Minority Welfare Officer along with certified copy of this order within two weeks. The Registrar after hearing the parties concerned shall pass appropriate orders in terms of the order dated 9th of April, 2018 within a further period of two months thereafter. The orders impugned in the present writ petition shall remain subject to the fresh order that may be passed by the Registrar.
The petition is disposed of.
Order Date :- 21.12.2018 Sumaira