JUDGMENT :

1. These two writ petitions, connected with each other, were heard simultaneously and since they involve identical factual and legal controversy, both are being decided by a common judgment.

WRIT C No.11005 of 2023

THE CHALLENGE

2. This writ petition has been filed challenging an order dated 09.01.2023 passed by the Special Secretary, Government of U.P., Lucknow insofar as it pertains to the petitioners and contains a direction for an action to be taken against them in pursuance of a report dated 30.11.2022 submitted by the Special Investigation Team (S.I.T.), as considered in the meeting held on 19.12.2022. Further prayer is for quashing the S.I.T. report itself to the extent it pertains to the petitioners and also for quashing the Resolution dated 19.12.2022 passed in a meeting headed by Chief Secretary of the State Government whereby recommendation to accept the S.I.T. report has been made. Another relief claimed is that the respondents may not harass or take coercive measures against the petitioners.

FACTS OF THE CASE

3. The petitioner No.1-Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur, Azamgarh through its Manager Mr. Zaheen Ahmad (hereinafter referred to as ‘the Society’) registered under the Societies Registration Act, 1860 (hereinafter referred to as ‘the Act, 1860’), established a Madarsa in the name and style of petitioner No.2-Madarsa Ashrafia Madintul Banat, Mubarakpur, Azamgarh (hereinafter referred to as ‘the Madarsa’) over the properties taken on lease and sale; deeds annexed. After due verification, Madarsa was registered under the provisions of the UTTAR PRADESH BOARD OF MADARSA EDUCATION ACT , 2004 (hereinafter referred to as ‘the Act, 2004’) by a Registration Certificate dated 27.07.2011 and the State Government introduced a Scheme named “Madarsa Adhunikaran (Modernisation) Scheme” for providing teachers to the Madarsas and to provide financial assistance to them for the purposes of teaching different subjects and, under the said Scheme, the petitioner No.2-Madarsa appointed three qualified teachers, namely Kahakasha Parveen (petitioner No.3), Subi Parveen (petitioner No.4) and Mohd. Shah Faizal (petitioner No.5).

4. It is further pleaded that under the aforesaid Scheme, a total sum of Rs.1,02,000/-was released by the State Government in two strokes (Rs.30,000/-+ Rs.72,000/-) by 31.01.2016 and the said amount was directly transferred to the bank accounts of petitioner nos. 3, 4 and 5, i.e. the teachers, and its details were uploaded on the Portal of Madarsa and, later on, due to various difficulties including financial crunch, a decision to close down the Madarsa was taken and, during the said course, a letter dated 31.07.2017 was written by the petitioners to the respondent No.4-District Minority Welfare Officer, Azamgarh to withdraw the Madarsa from the aforesaid Scheme and, further, by another letter dated 27.11.2017, decision to close down the Madarsa was communicated by the petitioner No.2.-Madarsa to the respondent no.4 and, consequently, the Madarsa stood finally closed in November, 2017.

THE ISSUE RAISED BY THE PETITIONERS

5. The issue raised is that the Special Investigation Team (S.I.T.), constituted to examine various complaints against Madarsa, submitted a report dated 30.11.2022 which was placed before a Committee headed by Chief Secretary of the State Government in its meeting dated 19.12.2022 and proceedings of the said meeting disclose various actions proposed to be taken against various Madarsas, including the petitioner-Madarsa, which inclu