Neutral Citation No. - 2025:AHC-LKO:47530 Court No. - 6 Case :- WRIT - C No. - 7668 of 2025 Petitioner :- C/M Madarsa Jamia Islamiya Madanpura Varanasi Thru.Manager,Belal Ahmad Ansari And Another Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Minority Welfare U.P. Lko. And 3 Others Counsel for Petitioner :- Mahenoor Khanam Counsel for Respondent :- C.S.C.,Afzal Ahmad Siddiqui Hon'ble Pankaj Bhatia,J. 1. Instructions of respondent no.3 passed across the Bar are taken on record. 2. Heard learned counsel for the petitioners; Shri Afzal Ahmad Siddiqui, learned counsel for respondent no.3 as well as Shri Syed Husain, learned counsel, who has filed an impleadment application being the complainant based upon which the order impugned came to be passed. 3. Although, prima-facie, the complainant has no right to intervene, however, he was heard in respect of the arguments raised by the petitioner. 4. Present petition has been filed challenging the order dated 03.07.2025 whereby exercising powers under Regulation 13(2) of the Uttar Pradesh Non-Governmental Arbic and Persian Madarsa Recognition Administration and Services Regulations, 2016. 5. Brief contention of learned counsel for the petitioners is that initially a complaint was made against the Madarsa in question based upon which a show-cause notice was given and a reply was also submitted by the petitioner, however, no order came to be passed against the petitioner. Subsequently, on similar allegations, a fresh complaint was made and instead of following the mandate as is contained in Regulation 13(1), an order has been passed without even supplying any inspection report or giving an opportunity to remove the alleged shortcomings. 6. In sum and substance, the submission is that the order impugned is defective both on substantive questions of law as well as without following the due process of law. 7. Regulation 13(1) is quoted herein below: "13.(1). Inspector Arabic Madarsa or any other officer nominated by the Chairman or the Director may inspect the madarsa at any time and documents of the Madarsa shall be provided for inspection. If any defect found during inspection or if it comes to the knowledge that the Madarsa is not complying with one or more conditions of recognition, the Registrar, Uttar Pradesh Madarsa Education Board shall, on the report of the enquiry officer (Inspector Arabic Madarsa Uttar Pradesh) give written directions to the Madarsa for the removal of shortcomings." 8. Learned counsel for the respondent, on the other hand, states that the petitioners have themselves given a representation which is pending consideration. 9. Learned counsel for the person seeking impleadment states that a petition by the same petitioner is pending at Allahabad High Court being Writ - C No.11258 of 2022, thus, according to him, the second petition would not be maintainable. 10. In rejoinder, learned counsel for the petitioners states that the said writ petition was preferred against the first show-cause notice and had lost its relevance and an application has been moved for withdrawing the said writ petition. 11. Considering the fact that present petition has been filed challenging the subsequent cause of action, the objection of the complainant to that effect merits rejection and is accordingly rejected. 12. With regard to the order impugned dated 03.07.2025, it is clear that neither the report based upon which the order has been passed nor an opportunity of correcting the alleged shortcomings as are prescribed in Regulation 13(1) has been given, thus, the order impugned clearly falls short of following the proceedural due process, thus, on the said limited ground that the order impugned dated 03.07.2025 is in contradiction to the prescriptions contained in Regulation 13(1) and is also violative of principles of natural justice, the same cannot be sustained and is quashed. 13. 13. Respondents would be at liberty to provide whatever report has come against the petitioner, and after complying the prescriptions contained in Regulation 13(1), respondents would be at liberty to pass a fresh order in accordance with law. 14. Present petition stands allowed in above terms. 15. Impleadment application is also disposed off. Order Date :- 14.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench