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Allahabad High Court · body

2025 DAILYLAW 181887 (ALL)

MOHAMMAD SADIQ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MINORITY WELFARE LKO. AND 3 OTHERS

WRIA/12864/2025 · 2025-11-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12864 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Afzal Ahmad Siddiqui, learned cousnel for respondent no. 2, Mr. Uday Veer Singh, learned counsel for respondent nos. 1 and 3 and perused the record. Notice to respondent no. 4 is hereby dispensed with. Instant petition has been filed with the following reliefs:- "I. issue a writ, order or direction in the nature of mandamus commanding the Registrar / Inspector, Madarsa Education Board Lucknow (opposite party No.2) to take appropriate decision for approving the appointment of the petitioner on the post of Peon on the papers submitted by the Manager of Madarsa Jamia Arabia Anwarul Quran, District Balrampur, which were forwarded by the District Minority Welfare Officer to Registrar/ Inspector vide letter dated 30.8.2015 (Annexure No.4 to the writ petition) ignoring the provisions of the outsourcing made applicable through amendment in the Regulations, 2016 (on 22.9.2017) in view of Full Bench's decision of this Hon'ble Court in the case of Santosh Kumar Singh reported in 2015 (7) ADJ 179. II. issue a writ, order or direction in the nature of mandamus commanding the respondents to make payment of salary to petitioner from the State Exchequer month to month as well as arrears of his salary from the date of his actual joining in Madarsa Madarsa Jamia Arabia Anwarul Quran, District Balrampur on the post of Peon. III. ssue any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. Versus Counsel for Petitioner(s) : Ghulam Mohammad Kamil Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui Mohammad Sadiq .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Minority Welfare Lko. And 3 Others .....Respondent(s) IV. award the cost of the writ petition in favour of the petitioner." After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the respondent no. 2 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent nos. 2/Registrar/Inspector, U.P. Madarsa Shiksha Parishad, 704, Jawahar Bhawan, Lucknow is hereby directed to consider and decide the same, within a period of two months, in accordance with law, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. November 4, 2025 Mayank WRIA No. 12864 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench