Hon’ble Dilip Gupta, J.—This petition has been filed by the Committee of Management of Madarsa Qurania Adampur Akbar, District Jaunpur with Ansar Ahmad as the Manager and Abdul Waheed as the Principal of the Madarsa for quashing the order dated 13th April, 2010 passed by the Special Secretary, Government of Uttar Pradesh, by which the Registrar, U.P. Madarsa Shiksha Parishad, Lucknow (hereinafter referred to as the ‘Registrar’) has been informed of the decision taken by the Government to cancel its earlier order dated 9th July, 1999 and for placing the matter before the ‘Manyata Samiti’ of the Madarsa Shiksha Parishad for taking a decision in the light of the decision taken by the Government. The petitioners have also sought the quashing of the order dated 12th May, 2010 passed by the Registrar by which, on the basis of the decision taken by the Manyata Samiti on 10th May, 2010, permission has been given to the Madarsa Qurania to run from its original place in Jama Masjid and consequently the decision earlier taken on 27th February, 1993 for shifting of Madarsa Qurania from Jama Masjid to Adampur Akbar has been cancelled.

2. It is stated that the Madarsa Qurania, which was recognised on 10th August, 1943 by the Inspector, Arabi Madarsa, U.P. and which was brought on the grant-in-aid list in 1960, was previously run in a Mosque known as Jama Masjid, Jaunpur. In 1987, the State Government framed the “Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Evan Sewa Niyamawali” (hereinafter referred to as the ‘1987 Rules’) which were approved by the Governor on 27th August, 1987 and the Rules came into force with immediate effect.

3. The said 1987 Rules were framed for ensuring good administration of the Non-Government Arabi and Persian Madarsas and for timely payment of salary to the teachers and other employees and for providing security to their service. Rule 2 provides that on coming into force of the 1987 Rules, all the Government Orders earlier issued in this regard shall stand cancelled. Amongst others, the Rule provides that the Madarsa should have its own building and the number of rooms and the sizes of the rooms have also been provided. It also provides that if the Madarsa is not being run from its own building, some relaxation can be provided but the Madarsa must construct its own building within five years. Power has also been given to the officers to carry out inspection and if it is found that some deficiencies regarding the terms and conditions for granting recognition exist, then directions can be issued for removing the deficiencies and if the directions are not complied, the Registrar, Arabic and Persian Examinations, U.P., Allahabad can issue a notice whereafter the recognition can be cancelled if a proper reply is not submitted.

4. It is further stated that since the Madarsa was being run in the Mosque known as Jama Masjid, the Committee of Management constructed its own building at Adampur Akbar, Jaunpur for the Madarsa and submitted an application seeking permission for shifting the Madarsa to its own building but as no order was passed on the application, Writ Petition No. 363 of 1993 was filed by the Committee of Management. The Court by the order dated 11th January, 1993 directed the Inspector, Arabi Madarsa, Uttar Pradesh to either accord permission to run the Madarsa from Adampur Akbar, Jaunpur or show-cause by filing a counter-affidavit. In compliance of the aforesaid order passed by the Court, the Inspector, Arabi Madarsa, U.P., by the order dated 27th February, 1993, granted permission to the Committee of Management to shift the Madarsa to its own building at Adampur Akbar, Jaunpur by 31st March, 1993. Consequently, Madarsa Qurania was shifted to its building at Adampur Akbar, Jaunpur on 30th March, 1993 and a compliance report was also submitted to the Inspector, Arabi Madarsa by the letter dated 30th March, 1993.

5. However, Writ Petition No. 17057 of 1993 was filed by one Mohd. Moon