HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11247 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. At the very outset, learned counsel for the petitioner submits that he may be permitted to withdraw the prayer clause (i), (ii) & (iv). Counsel for the opposite parties have no objection. The prayer is allowed. The prayer clause (i), (ii) & (iv) are hereby struck off. The prayer clause (iii), (v), (vi), (vii) & (viii) are hereby repositioned as prayer clause nos. (i), (ii), (iii), (iv) & (v). This amendment/correction shall be incorporated by counsel for the petitioner, during course of the day. Heard learned counsel for the petitioner, Mr. R.S. Tiwari, learned counsel for respondent nos. 1 to 4. None is present for respondent nos. 5 & 6 and perused the records. Under challenge is the order dated 02.09.2025 by which the records of the petitioner regarding the appointment and for the approval/financial concurrence has been remitted back on the ground that vide the Govt. Order dated 20.05.2025, the ban has been imposed on such appointments. The contentions put forth by learned counsel for the petitioner is that the Govt. Order dated 20.05.2025 imposed ban only on the appointment of the Teachers in Madrasas and the present petitioner was appointed on Class-III posts i.e. Junior Assistant(Clerk) which became vacant on 31.12.2013. He submitted that after due selection, papers with respect to appointment were sent to the respondent no. 5 i.e. Registrar, U.P. Madarsa Sikhsha Parishad, Lucknow, for its financial approval, whereas, the District Minority Welfare Officer Versus Counsel for Petitioner(s) : Alok Singh Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui Faishal Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Minority Welfare Waqf Lko. And 5 Others .....Respondent(s) referred the matter to the Registrar, at his own level, he remitted back the matter to the Madrasa concerned. He submitted that the Govt. Order order dated 20.05.2025 do not impose ban on the appointment of Class-III & IVth posts, in Madrasa, therefore, the reasons/ground taken by the District Minority Welfare Officer, Barabanki, vide letter dated 02.09.2025, for remitting back the matter to Madrasa is unsustainable as it goes against the settled proposition of law in Mohinder Singh Gill versus Chief Election Commissioner New Delhi - (1978) 1 SCC 405. Concluding his arguments, he submitted that the order dated 02.09.2025 may be quashed and the authorities may be directed to consider the matter afresh ignoring the Govt. Order dated 20.05.2025 and the subsequent orders passed by various authorities. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submitted that the petitioner has completed 40 years of age, therefore, the same goes against the Rules which prescribes the maximum age limit for appointment on such post. He submitted that even otherwise the matter cannot be considered for financial concurrence. Upon considering the submissions of learned counsels for the parties, it is apparent that the order/letter dated 02.09.2025 has been issued/passed by the District Minority Welfare Officer, Barabanki, taking the ground that Govt. Order dated 20.05.2025 bars the appointment on the post of Teachers, whereas, the fact remains that the petitioner was admittedly appointment on the post of Clerk. The contention which is raised by State Counsel is otherwise than the ground taken by the authorities concerned, therefore, at the first instance the order dated 02.09.2025 does not stand on its own legs and it is hit by the settled proposition of law rendered in the case of Mohinder Singh Gill(Supra). Consequently, the order dated 02.09.2025 is hereby quashed. The matter is remitted back to the respondent no. 5/Registrar, U.P. Madrasa Siksha Parishad, Jawahar Bhawan, Lucknow, to take a decision afresh regarding the financial concurrence to the appointment of the petitioner, on class-III post i.e. Junior Assistant(Clerk), within period of six weeks from the date, a certified copy of this order is produced before him. WRIA No. 11247 of 2025 2 The District Minority Welfare Officer, Barabanki and respondent no. 6/Manager, Madarsa Ziyaul Islam, Fatehpur, Barabanki, are directed to refer the documents of the petitioner, after obtaining the same, to the respondent no. 5, within period of ten days. With the aforesaid observations, the writ petition is allowed. December 5, 2025 Mayank WRIA No. 11247 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench