JUDGMENT :

1. This special appeal has been filed against the order dated 23.11.2020 passed by the learned Single Judge in writ petition i.e. Misc. Single No. 21617 of 2020.

2. The appellants herein were arrayed as opposite party nos. 5, 6 and 7. The appellant no. 3 herein is the Principal of the institution. Before the learned Single Judge, two orders were under challenge. First was the order dated 26.12.2019 passed by the District Minority Welfare Officer under Rule 12(5) of U.P. Private Arbi and Farsi Madarsa Administration and Service Regulation 2016 by which District Minority Welfare Officer had made an arrangement for ensuring timely payment of salary to the Teachers and employees of the opposite party no. 5, who was the petitioner before the writ Court. The other order dated 05.02.2020 was passed after the opposite party no. 5 herein had moved an application before the said Officer stating inter alia that he had not been heard and order dated 26.12.2019 was not justified, whereupon, the order dated 05.02.2020 was passed. The writ petition of the opposite party no. 5 has been allowed by the learned Single Judge on the first day without issuing notice to the opposite parties no. 5, 6 and 7. While allowing the writ petition learned Single Judge has recorded a prima facie satisfaction that the District Minority Welfare Officer could not have passed orders impugned without recording a satisfaction that the salary to the Teachers and employees was not being paid because of dispute relating to the management of the college. Accordingly, the impugned orders dated 05.02.2020 and 26.12.2019 were set aside giving liberty to the District Minority Welfare Officer to pass afresh order under Rule 12(5) of Regulations of 2016 after giving notice to the petitioners and after arriving at an objective satisfaction that salary and other dues of teachers and staff of the institution have not been paid for the past several months. Furthermore, after this learned Single Judge has proceeded to allow the O.P. No. 5 herein i.e. petitioner before the writ court to continue to work as Manager even though Committee of Management tenure expired on 17.112019 till hearing is concluded by the Deputy Registrar. The learned Single Judge has relied upon the decision of the Supreme Court in the case of A.P. Aboobaker Musaliar Versus District Registrar (G), Kozhikode and others; 2004 (11) SCC 247 to support its decision.

3. The contention of the learned counsel for the appellant Shri G.C. Verma is firstly that appellants herein were arrayed as O.P. No. 5, 6 and 7, therefore, the writ petition could not be allowed without issuing notice to them. Secondly, he says that in the order dated 05.02.2020, there is a mention about various illegal appointments made by the O.P. No. 5 herein as also attempt to pay salary to them. Now as a consequence of quashing of the said order all these illegalities would get legalised. Thirdly, he says that the order of the District Minority Welfare Officer mentioned two facts, Firstly, about a dispute relating to management of the institution in question on account of which the salary for the past few months was not being paid to the Teachers and the Employees and secondly, he has clearly mentioned that the salary for the past several months has not been paid to the Teachers and employees which is sine qua non for exercise of power under Rule 12(5) of the Regulations 2016 but the learned Single Judge failed to notice this second recital in the impugned order. It appears that the learned counsel for the petitioner did not place the order correctly before the learned Single Judge. He also says that the dispute relating to management is one of the reasons for non payment of salary but even independent of the said dispute, the fact of the matter as is borne out from the order of the District Minority Welfare Officer is that salary was not being paid to the Teachers and the employees for the past several months, therefore, the burden was u