Disposed

Zeenat Fatima v. State of U.P. Thru. Secy. Minority Welfare and Wakf Lko. and 6 Others

Allahabad HC24 Jul 2024WRIA/5259/2024

Case brief

AI extract

What is this about?

The Hon'ble High Court of Judicature at Allahabad, in a writ petition concerning the administration of a Madarsa, directed the State Government to file an affidavit proposing remedial measures to address delays in approving the draft scheme of administration and the consequent anomaly regarding staff disciplinary actions.

What did the court decide?

Directing the Opposite Party No. 1 (State) to file an affidavit indicating remedial measures to remove the anomaly regarding delay in approving the Madarsa administration scheme.

Zeenat Fatima vs State of U.P. Thru. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 5259 of 2024

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Petitioner :- Zeenat Fatima

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Respondent :- State Of U.P. Thru. Secy. Minority Welfare And Wakf Lko. And 6 Others Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- C.S.C.,Afzal Ahmad Siddiqui

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Hon'ble Manish Mathur,J.

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Short counter affidavit filed on behalf of opposite party no.7 is taken on record.

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In pursuance of the directions issued earlier, counsel for opposite party no.5, on the basis of instructions, submits that although the draft scheme of administration of Madarsa was submitted but the same has yet not been approved and the matter in fact has been referred to by the District Minority Welfare Officer to the Registrar, U.P. Madarsa Shiksha Parishad.

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Learned counsel for opposite party no.7, on the basis of instructions, submits that scheme of administration was submitted for the first time for approval in the year 2021 for which approval is yet awaited.

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On the material on record and as per submission of learned counsel for parties, therefore, it transpires that although the draft scheme of administration for Madarsa concerned was submitted in the year 2021, approval thereof is still awaited despite passing of three years.

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It is also evident that the State Government had issued an order dated 07.01.2022 indicating prohibition upon the management of various Madarsa from initiating disciplinary action against the teaching and non-teaching staff until and unless the draft scheme of administration is approved.

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The order, however, is silent as to the provision of disciplinary action to be taken against the employees of Madarsa till the draft scheme of administration is approved.

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The aforesaid situation therefore is quite anomalous.

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In view of the aforesaid, opposite party no.1 State of U.P. through the Secretariat Minority Welfare and Wakq Anubhag-3, Civil Secretariat Government of U.P, Lucknow is called upon to

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file an affidavit indicating remedial measures which the State Government proposes to take to remove such anomaly particularly once there is a considerable delay in approving or disapproving the draft scheme of administration.

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List this case on 12.09.2024 as fresh showing the name of Sri G.M.Kamil as counsel for opposite party.

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Learned State counsel shall ensure filing of an affidavit by opposite party no.1 by the next date of listing in terms of directions issued today.

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Order Date :- 23.8.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Zeenat Fatima v. State of U.P. Thru. Secy. Minority Welfare and Wakf Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

Zeenat Fatima v. State of U.P. Thru. Secy. Minority Welfare and Wakf Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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