Court No. - 18
Case :- WRIT - A No. - 8700 of 2018 Petitioner :- Syed Mohammad Afzal Naqvi and 02 others Respondent :- State Of U.P. and 04 others Counsel for Petitioner :- J.P. Singh,Zafar Abbas Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri J.P. Singh, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State respondent nos.1 to 4.
Notice need not be issued to the private respondent no.5, in view of the order proposed to be passed.
The first petitioner, who is Principal of Mansabia Arabic College, Railway Road, Meerut, and two Assistant Teachers of the institution as petitioner nos.2 and 3, have approached this Court with following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 16-01-2018 passed by the Registrar/Inspector, U.P. Madarsa Education Board, Lucknow/respondent no.3 (copy of order enclosed as Annexure No.10 to this petition) so far as it directs the District Minority Welfare Officer, Meerut to maintain status quo with regard to payment of salaries of Teachers and Staff of the Madarsa/College;
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure that petitioners and other duly approved Teachers and Staff of the petitioners' Madarsa/College and also the Instructor and Staff of Mini ITI run by the Society/Shia Central Waqf Board are paid their arrears of salaries and also current monthly salaries within the time to be specified by the Hon'ble Court."
Learned counsel for the petitioners precisely submits that all the teachers of the Madarsa in question are receiving salaries from the State exchequer since the year 2008. On one hand, the Registrar/Inspector, U.P. Madarsa Education Board, Lucknow permits the District Minority Welfare Officer to upload the details of students studying in the Madarsa in question, ignoring the fault of the management and on the other hand, the Registrar has directed to maintain status quo in respect of payment of salaries to teachers and other staff of the said Madarsa. He further submits that once there is no lapse on the part of the teachers as well as Principal of the said Madarsa, then the petitioners cannot be penalized. He states that the petitioners have already filed a representation dated 3.3.2018 before the respondent no.3 for redressal of their grievance, which is still pending. He has confined his prayer only to the relief that the representation dated 3.3.2018 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the Registrar/Inspector, U.P. Madarsa Education Board, Lucknow to decide the petitioners' representation in accordance with law within a period of six weeks from today after seeking necessary comments from the District Minority Welfare Officer, Meerut as well as Manager of the Committee of Management of the said Madarsa.
Order Date :- 28.3.2018 RKP