Court No. - 33
Case :- WRIT - A No. - 45038 of 2016 Petitioner :- Sakir Ali Respondent :- State Of U.P. And 8 Ors.
Counsel for Petitioner :- Kamlesh Shukla Counsel for Respondent :- C.S.C.,Mohammad Ali Ausaf
Hon'ble Ashwani Kumar Mishra,J.
In view of the office report dated 21.08.2019 this Court has already held service of notice upon private respondents to be sufficient. None, however, has appeared on their behalf. Despite grant of opportunity State authorities have also not filed any counter affidavit. Writ petition is, accordingly, taken up for hearing in the absence of any response from the respondents.
There appears to be an educational institution known as Madarsa Mis Bahul Uloom Pipra Razzab, Fasil Nagar, District Kushinagar in which petitioner claims to have been appointed as Assistant Teacher on 01.11.1983. This institution runs primary section also and is imparting education upto class 10th. According to petitioner, 15 posts were sanctioned in the year 2007, out of which 13 were for Assistant Teacher; 1 for Clerk and one for class IV employee. It is stated that though petitioner was working and his name was also sent in the Manager's Return but the management has unauthorizedly denied claim of salary to the petitioner. It is alleged in para 8 that after the primary section was proposed to be taken on the list of aided institutions respondent no.7, who was the then Manager, resigned and got himself appointed as Assistant Teacher alongwith his wife and sister-in-law (Bhabhi), who are respondent nos.8 and 9. Similarly, various other family members were included in the Manager's Return and the private respondents have managed to ensure salary out of the state funds, although they were neither appointed nor were even qualified.
A supplementary affidavit has also been filed annexing various documents to show relationship between the respondent nos.8 to 9.
Petitioner has prayed for quashing the appointment letters issued to respondent nos.7 to 9 since they were neither appointed nor qualified in view of the provisions contained in Madarsa Manyata Evam Sewa Niyamawali, 1987.
Since various factual issues have been raised with regard to alleged illegality in the appointments offered to respondent nos.7 to 9, it would be appropriate to direct respondent no.3 to summon original records and examine petitioner's grievance with regard to alleged illegality in appointment offered to respondent nos.7 to 9. An opportunity of hearing would be afforded to respondent nos.5 to 9. Whether appointments offered to respondent nos.7 to 9 have been made after following the procedure prescribed and also the aspect relating to their qualification etc. would be open for examination at the level of the Registrar. An appropriate order relating to legality of appointments offered to respondent nos.7 to 9 would be passed within a period of six months from the date of presentation of a copy of this order. The continuance of private respondent nos.7 to 9 shall abide by the orders passed by the Registrar concerned.
Writ petition is, accordingly, disposed of.
Order Date :- 28.9.2021 Ashok Kr.