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2013 Supreme(All) 863

P.K.S.BAGHEL
AZRA KHATOON – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ch. N.A. Khan, A.K. Verma and Santosh Kumar for the Petitioner; C.S.C., R.C. Dwivedi and S.C. Dwivedi for the Respondents.

JUDGMENT

Hon’ble P.K.S. Baghel, J.—The petitioner is a teacher in a Madarsa. She is aggrieved by the order of her termination dated 26.12.1998 and the resolution passed by the committee of management to the said termination.

2. Shorn off unnecessary details, the brief facts are given hereunder :

3. Madarsa Arabiya Shahjahan (Niswan) Akbarpur, Allahabad is a Madarsa where Arabic and Persian is imparted. It receives aid out of State Fund. The State Government has framed separate Rules known as Uttar Pradesh Ashaskeeya Arbi Tatha Farsi Madarson Ki Manyata Niyamawali, 1987 (in short Rules, 1987). The said Rules provides the procedure for recognition, terms and conditions of the teachers etc. The Madarsa is established by a society and administered by the respondent No. 5/Committee of Management. It is stated that petitioner was appointed against the vacancy Tehtania in pursuance of an advertisement which was made by the respondent No. 5 herein. She was found suitable and appointment letter dated 14th August, 1995 was issued to her in pursuance thereof she joined her post and started functioning.

4. It is averred that when her as salary was not paid she made representation and her variou


















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