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1998 Supreme(All) 760

O.P.GARG
ABU ZAID (MINOR) – Appellant
Versus
PRINCIPAL, MADRASA-TUL-ISLAH SARAIMIR AZAMGATH – Respondent


Advocates Appeared:
FAHIN AHMAD, J.A.AZAMI, J.J.MUNIR

O. P. GARG, J.

( 1 ) BY means of this writ petition under Article 226 of the Constitution of India, itis prayed that the respondents be commanded to permit the petitioners to pursue their studies in their respective classes as per their entitlement in the same manner as in the case of other scholars.

( 2 ) COUNTER-AFFIDAVIT has been filed. Sri J. J. Munir states that he does not want to file any rejoinder affidavit and the case be taken up for hearing. Learned counsel for the parties are prepared to make their submissions right now.

( 3 ) HEARD Sri J. J. Munir, learned counsel for the petitioners and Sri Faheem Ahmad for the respondents.

( 4 ) MADARASA-TUL-ISLAH Saraimir, Azamgarh is an institution imparting education to scholars in Arabic language. It is duly recognised by the State Government though it is not aided. The institution is managed by a society registered under the societies Registration Act, 1860 and has its own approved bye-laws and scheme of administration.

( 5 ) ABU Zaid, minor is a student of Darza Awwal, which corresponds to Class VI and the Second petitioner Abu Zar is a student of Darza Panzum-5, which corresponds to Class XI in regular system of education. Both











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