MANAGERS ASSOCIATION MADARIS ARABIYA,UP THRU. AUTHORIZED SIGNATORY v. STATE OF U.P. THRU. PRIN. SECY. MINORITY WELFARE LKO. AND 7 OTHERS
WRIC/8766/2025 · 2025-09-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162879 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162879 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8766 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today in the Court is taken on record. 2. Heard learned counsel for the petitioner, Shri Sudeep Kumar, learned Additional Advocate General assisted by Shri Ashish Singh, learned Standing Counsel and Shri Afzal Ahmad Siddiqui, learned counsel for respondent No.6. 3. The present petition has been filed by the Managers Association Madaris Arabiya, U.P. through its authorized signatory challenging the decision of the State Government taken in its meeting on 25.04.2025 and the consequent directions given in the communication dated 20th May, 2025 as well as 21st May, 2025, wherein directions were issued that till the time, a decision is taken with regard to fixation of the eligibility for appointment of teachers, no fresh appointments be made. 4. On the issue of locus, learned counsel for the petitioner was called upon to address as to how the petitioners' association, who claims to be the association of Managers of the various Madaras to file the present writ petition. 5. A supplementary affidavit has been filed today. Along with the said supplementary affidavit, a memorandum has been annexed, which demonstrates that the name of the association is Managers Association of Versus Counsel for Petitioner(s) : Aviral Raj Singh, Ali Moid, Ashutosh Verma, Mohd. Yasir, Palash Banerjee, Vaibhav Tiwari Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui Managers Association Madaris Arabiya,Up Thru. Authorized Signatory .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Minority Welfare Lko. And 7 Others .....Respondent(s)
Madaris Arabiya, Uttar Pradesh. The aims and objectives of the said society, as are evident from the memorandum, are contained in clause No.4. 6. My attention is also drawn to argue that one of the Managers of the Madarsa, Miftahul, Uloom situate at Bijnor is the member of the petitioners' association and thus, the petitioners have the locus to challenge the action of the respondents. 7. It appears from the record that the appointments of the teachers prior to the decision, which has been impugned, were governed by the regulations framed in pursuance of Section 20 of the Uttar Pradesh Board of Madarsa Education Act, 2004.
The said regulations provided for administration and the services of the persons, who would be appointed and are known as the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulations, 2016. 8. In terms of the said Regulations of 2016, the committee of management can seek recognition and the committee of management is authorized to run the Madarsa after following the norms by the said regulations. All the powers are conferred upon the committee of management in terms of the said regulations. The petitioners are only the Managers of the said committees of management as is evident and pointed out in the memorandum annexed along with the supplementary affidavit filed today. They neither have any specific role in terms of the Regulations of 2016 nor are empowered to take any decision with regard to the appointment or otherwise of running of the Madarsa in question. There merely a Managers' Association, even in terms of the aims and objectives, no locus is vested in the petitioners' association. 9. I have no hesitation in holding that the petitioners' association has no locus to file the present petition for the cause of action as prayed and is, accordingly, dismissed on that ground. September 15, 2025 Ashutosh WRIC No. 8766 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench