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2025 DAILYLAW 82568 (ALL)

MOHAMMAD ABU KHOZAIMA v. STATE OF U.P. AND 3 OTHERS

WRIA/11229/2025 · 2025-08-05

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132508 Court No. - 52 Case :- WRIT - A No. - 11229 of 2025 Petitioner :- Mohammad Abu Khozaima Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shishir Kumar Dwivedi,Shruti Dwivedi Counsel for Respondent :- C.S.C.,Pranav Mishra Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Shishir Kumar Dwivedi, learned counsel for the petitioner, Mr. Pranav Mishra, learned counsel for respondent no.2 as well as learned Standing Counsel for the State- respondents. The present petition has been filed with the prayer to direct the respondents to consider the petitioner's case for compassionate appointment in accordance with the rules applicable to Government-aided Madarsas and the scheme framed under the Uttar Pradesh Madarsa Education Board and a further prayer to direct the respondents to dispose of the petitioner's pending representation dated 16.06.2025 within stipulated period. Learned counsel for the petitioner submits that the petitioner's father who was working as Primary Teacher at Darul Uloom Ahlesunnat Madarsa Asharfiya Misbahul Uloom, situated at Mubarakpur in District- Azamgarh died in harness of 27.05.2025. The petitioner being the elder son, moved an application for appointment of compassionate ground on 16.06.2025, which has not been considered till date. Learned counsel for respondent no.2 as well as learned Standing Counsel State-respondents submits that in case petitioner moves fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3-The Manager, Darul Uloo Ahlesunnat Madarsa Asharfiya Misbahul Uloom, situated at Mubarakpur in District- Azamgarh within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from today, if there is no legal impediment. Order Date :- 6.8.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad