Neutral Citation No. - 2025:AHC:143932 Court No. - 32 Case :- WRIT - A No. - 3908 of 2025 Petitioner :- Smt. Sahima Khatoon And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohammad Ali Ausaf,Sr. Advocate Counsel for Respondent :- C.S.C.,Pranav Mishra Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed by the petitioners for the following reliefs: "(a) to issue a writ, order or direction in the nature of certiorari quashing the order/notice dated 4.3.2025 (Annexure No.1 to this writ petition) passed by the Deputy Director, Minority Welfare, Gorakhpur Mandal, Gorakhpur as well as order dated 28.2.2025 (Annexure No.2 to this writ petition) passed by the District Minority Welfare Officer, Kushinagar whereby the petitioners have been directed to appear for hearing of the compliant made by one Alamgir Ansari regarding validity of the appointment of the petitioners; b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to implement/proceed any further in pursuance of the impugned order/notice dated 4.3.2025 and 28.2.2025 and further the respondents may be directed not to interfere with the working and functioning of the petitioners on the post of Assistant Teachers in the Madarsa in question." 2. Learned counsel appearing on behalf of the petitioners has submitted that impugned notice dated 4.3.2025 issued by the Deputy Director, Minority Welfare, Gorakhpur Mandal, Gorakhpur (Respondent no. 4) is without any jurisdiction under the Uttar Pradesh Non-Governmental Arbic and Persian Madarsa Recognition, Administration and Services Regulation, 2016 (for short Service Regulation, 2016). It is submitted that the complain of the complainant regarding appointment of the petitioners were made that they got appointment on submitting the fake and forged document. 3. It is further submitted that on earlier occasion, the complaint was filed by the complainant challenging the appointment of the petitioners as Assistant Teachers in the Institution as fake appointments made on submission of forged document by the petitioners. Thereafter an inquiry was instituted and after completion of the inquiry by the Registrar / Inspector, Board of Madarsa Education, UP, Lucknow (Respondent no. 3), he has given a report in favour of the petitioners by passing order dated 5.8.2022. 4. Against the said order, a writ petition was preferred by the complainant bearing Writ Petition No. 18879 of 2022, which was dismissed by a coordinate Bench of this Court on 11.1.2023. 5. Learned counsel appearing on behalf of the petitioners further submitted that since the impugned inquiry notice and investigation of inquiry has been issued by the Deputy Director, Minority Welfare, Gorakhpur Mandal, Gorakhpur (Respondent no. 4) under the Regulation, 2016 for which he is not an authorized person, therefore, the said impugned notice deserves to be set aside. 6. Per contra, learned counsel appearing on behalf of the State as well as respondent no. 3 vehemently opposed the instant writ petition and submitted that there are serious allegations against the petitioners qua for getting appointment on submitting fake and forged documents. It is further submitted that in this regard criminal proceedings have been initiated against the petitioners after lodging the First Information Report. However, investigation is still continue. 7. Learned counsel appearing on behalf of the respondents vehemently submitted that on the earlier occasion a complaint regarding appointment of the petitioners was procedural but now there are serious allegations against the petitioners that they have obtained appointments on submitting fake and fabricated documents. 8. At this juncture, on rebuttal, learned counsel appearing on behalf of the petitioners submitted that the only ground for challenging the impugned notice is that the authority who has issued the impugned notice has no jurisdiction. Therefore, the entire matter may be remanded back to the competent authority i.e. Registrar / Inspector, Board of Madarsa Education, UP, Lucknow (Respondent no. 3) to adjudicate the entire complaint after hearing both the effected parties and pass appropriate orders. 9. Learned Standing Counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the Registrar / Inspector, Board of Madarsa Education, UP, Lucknow (Respondent no. 3) have no objection on the prayer made by the learned counsel for the petitioners during argument. 10. Heard learned counsel for the respective parties, perused the material on record, as well as instruction placed before this Court during the argument, which is taken on record. 11. It is admitted fact that Deputy Director, Minority Welfare, Gorakhpur Mandal, Gorakhpur (Respondent no. 4)has no jurisdiction to issue the said impugned notice as per Regulation, 2016. Therefore, the impugned notice issued by respondent no. 4 is without jurisdiction and deserves to be set aside. Accordingly, it is set aside. 12. It is directed that all the allegations pertaining to the appointment of the petitioners which was obtained by submitting forged and fake documents shall be enquired by the competent authority i.e. Registrar / Inspector, Board of Madarsa Education, UP, Lucknow (Respondent no. 3) and appropriate orders be passed after hearing effected parties and perusing the entire material on record expeditiously, preferably, within a period of eight weeks after receipt of certified copy of this order. 13. Accordingly, the writ petition is disposed of. Order Date :- 21.8.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad