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2025 DAILYLAW 99222 (ALL)

MOHAMMAD ISMAIEL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/14309/2025 · 2025-10-05

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14309 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State respondent nos. 1 & 3 and Sri Pranav Mishra, learned Advocate who has put in appearance on behalf of respondent no. 2. The petitioners have preferred instant writ petition for a direction upon the respondent no. 3 - District Minority Welfare & Waqf Development Officer to forward the papers regarding petitioners' appointment, to respondent no. 2 - Registrar/ Inspector, U.P. Madarsa Shiksha Parishad, for taking appropriate action and granting necessary financial approvals. It has also been prayed that the respondent no. 2 may be directed to grant financial approval to the petitioners' appointment as Assistant Teacher (Tahtaniya) and Principal of the Institution in question. Learned counsel for the petitioners submits that the petitioners have been appointed on 30.08.2023 on the post of Assistant Teacher and Principal in the Institution in question, after following the due procedure as prescribed and the respondent authorities have been communicated the entire record for the grant of financial approval, however, the respondent no. 3 has not forwarded the papers to respondent no. 2 as yet. Learned counsel for the petitioners has drawn attention of the Court to an order dated 10.12.2021 passed Writ-A No. 16908 of 2021 (C/M Madarsa arbia anjuman Islamiya Madanpur and another v. State of U.P. and 2 others), wherein also similar controversy was involved. In the said case, a Coordinate Bench of this Court has categorically observed Versus Counsel for Petitioner(s) : Yash Padia Counsel for Respondent(s) : C.S.C., Pranav Mishra Mohammad Ismaiel And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) that the statutory scheme as laid down in Regulation 9 makes it clear that the authority which is competent to take a decision with regard to financial consent for appointment and promotion of teachers lies only with the Inspector Arabic Madarsa. The District Minority Welfare Officer no doubt can go through the papers and in case they are not in order only record his objections but is bound to forward the same to the Inspector Arabic Madarsa. Having regard to the above settled position, it is evident that the District Minority Welfare Officer cannot hold the papers in his possession without any reason and in case they are not in order, he can only record his objections but is bound to forward the papers for financial approval to the Inspector, Arabic Madarsa, who is the competent authority to take decision in accordance with law. In view of the above, the District Minority Welfare Officer is directed to forward the papers to the Inspector, Arabic Madarsa within a period of three weeks from the date of production of a certified copy of this order, whereupon the Inspector, Arabic Madarsa shall pass a reasoned and speaking order in accordance with law, expeditiously, preferably within a period of one month thereafter. It is made clear that this Court has not expressed any opinion on the merits of the case. The authority concerned shall pass the order independently and strictly in accordance with law. The writ petition stands disposed of accordingly. No order as to costs. October 6, 2025 DS WRIA No. 14309 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad