Heard Ch. N.A. Khan, learned counsel for the petitioner, Sri Ashok Khare, learned Senior Advocate assisted by Sri M.A. Ausaf, learned counsel for respondent no.4 and learned Standing Counsel for the State-respondents.
It is agreed that the present writ petition may be disposed of at this stage without calling for any further affidavit specifically in view of the order proposed to be passed today.
The Committee of Management, Madarsa Aharfiya Ahle Sunnat Anwarul Uloom, Kushi Nagar through its manager (hereafter referred to as the "Madarsa") has filed this writ petition against the order of the Registrar/Inspector, U.P. Madarsa Education Board, Lucknow dated 23rd March, 2012, whereby the Registrar/Inspector has revoked the decision of the Committee of Management dated 3rd January, 2012, removing respondent no.4 from the post of assistant teacher of the said Madarsa.
Order impugned is being challenged on one short ground that the same has been passed in violation of principles of natural justice.
Ch. N.A. Khan learned counsel for the petitioner submits that from the order impugned, it is apparent that the papers pertaining to the punishment inflicted upon respondent no.4 by the Committee of Management of the Madarsa were transmitted to the Registrar/Inspector with reference to Rule 34 of the Uttar Pradesh Ashaskeeya Arbi Tatha Farsi Madarson Ki Manayata Niyamawali, 1987 (hereafter referred to as the "Rule, 1987") (which are non-statutory in nature). Under Rule 34 of Rule, 1987, the Registrar/Inspector has the power to make suggestion in respect of action so taken.
The teacher concerned is stated to have raised his objection vide letter dated 22nd March, 2012, to the action taken by the Committee of Management and on the very next date, the Registrar/Inspector has passed the impugned order i.e. dated 23rd March, 2012. He, therefore, submits that it is writ large on record that whatever was submitted by respondent no.4 before the Registrar/Inspector was never brought to the knowledge of the petitioner and no opportunity was afforded to controvert the same. He submits that ex parte reliance upon the papers submitted by the teacher concerned, in the impugned order dated 23rd March, 2012, on the face of it, is a clear case of denial of fair and proper opportunity of hearing to the petitioner-Committee of Management.
Sri Ashok Khare, learned Senior Advocate on behalf of respondent no.4 initially made an attempt to justify the order impugned. However, having regard to the facts, as noticed above and as reflected from the order impugned, nothing much could be said on the matter of denial of fair and proper opportunity of hearing to the petitioner-Committee of Management.
This Court finds that the objection filed by the teacher along with statement of six members of the Committee of Management denying the meeting of Committee of Management, wherein proposed action had been taken, have all be relied upon without giving fair and proper opportunity of hearing to the petitioner-Committee of Management to establish that the allegations made are incorrect.
Ex parte reliance upon the objections of the teacher and the statement of six members of the Committee of Management denying the proceedings of the Committee of Management is legally not justified.
Accordingly, the order of the Registrar/Inspector dated 23rd March, 2012 is hereby quashed. The Registrar/Inspector is directed to supply a copy of the objection raised by the teacher concerned along with statements of six members of the Committee of management to the petitioner, within two weeks from the date of receipt of a certified copy of this order. Petitioner will have two weeks time thereafter to submit reply to the same, supported by such document, as may be advised. The teacher will be afforded opportunity to meet the documents, which may be so filed by the Committee of Management and thereafter, the Registrar/Inspector shall pass a reasoned speaking order. The aforesaid exercise may be completed within three months.
The present writ petition is allowed subject to the observations made above.
(Arun Tandon, J.) Order Date :- 6.4.2012 Sushil/-
Case :- WRIT - A No. - 16701 of 2012 Petitioner :- C/M Madrsa Ashrfiya Ahle Sunnat Anwarul Uloom And Another Respondent :- State Of U.P. Thru Secy. And Others Petitioner Counsel :- Ch. N.A. Khan Respondent Counsel :- C.S.C.,M.A. Ausaf Hon'ble Arun Tandon,J.
Allowed.
For order see order of date passed on the separate sheets.
(Arun Tandon, J.) Order Date :- 6.4.2012 Sushil/-