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2007 Supreme(All) 893

S.N.SRIVASTAVA
COMMITTEE OF MANAGEMENT, ANJUMAN MADARSA NOORUL ISLAM, DEHRA KALAN, GHAZIPUR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ch. N.A. Khan and Yashwant Singh for the Petitioners; S.M.A. Kazmi, Adv. General, Dr. Ashok Nigam, Addl. Solicitor General of India, Ashok Khare, S.C. Dwivedi, Bhola Nath Yadav, J.K. Tiwari, S.S. Tiwari, C.P. Mishra, Mohd. Sabbir, S.P. Kesarwani, S.C. for the Respondents.

JUDGMENT

Hon’ble S.N. Srivastava, J.—By way of this writ petition, the petitioner No. 1- Committee of Management of Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur (hereinafter referred to as the Madarsa), and the petitioner No. 2, is the Manager of the Madarsa, pray for quashing the impugned order dated 17.5.2004 passed by the State of U.P., recognising 67 Madarsas for grant-in-aid. They further prayed for to issue a writ of mandamus commanding the State of U.P. to recognise the petitioners Madarsa for Grant-in-Aid and any other further suitable relief which this Court deems proper.

2. In the year 1995-96, out of 204 Madarsas which were founded and recognized by the Muslims minority were recommended for grant-in-aid, out of which 68 Madarsas were recognized for grant-in-aid. By an order dated 17.5.2004, 67 other remaining Madarsas were again recognised for grant-in-aid. In 2006 out of remaining 66, 32 Madarsas were recognised for grant-in-aid. The grievance of the petitioners is that though petitioners Madarsa was also founded by Muslim religion minority and was permanently recognised altogether, but the State of U.P. refused this for grant-in-aid, though it fully satisfies all


































































































































































































































































































































































































































































































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