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IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Obaidullah And Others – Petitioners
Versus
State Of U.P. And Others – Respondents
WRIT -A No. - 9047 of 2022
Decided On : 04-04-2023
Advocate Appeared:
For the Petitioner:Irfan Raza Khan, Mohammad Mustafa, Sr. Advocate
For the Respondent: Mohd. Shahanshah Khan, Wahaj Ahmad Siddiqui
The main legal point established in the judgment is the significance of adhering to natural justice principles in administrative actions, particularly in cases involving significant civil consequences.
Headnote:
Natural Justice Violation - Appointment Process - Madarsa Manyata Evam Sewa Niyamawali - 1987 - Summary of the judgment
Fact of the Case:
The case involved the appointment process of the Principal and Assistant Teachers at a Madarsa. The petitioners claimed that due process was followed during their appointment, while the State alleged irregularities in the process.
Finding of the Court:
The court found that the principle of natural justice was violated as the petitioners were not given an opportunity to respond to the inquiry report, rendering the impugned actions arbitrary.
Issues: The main issue was whether the appointment process followed due process and whether the petitioners were given a fair opportunity to respond to the inquiry report.
Ratio Decidendi: The court emphasized the violation of natural justice principles, citing relevant judgments and highlighting the importance of fairness and reasonableness in administrative actions.
Final Decision: The writ petition was allowed, and the impugned orders were set aside. The respondent-State was directed to grant the petitioners an opportunity to respond to the inquiry report before taking any further action.
JUDGMENT :
1. Heard Sri Irfan Raza Khan, Senior Advocate, assisted by Sri Mohammad Mustafa, learned counsel for petitioners and Sri Awadhesh Kumar, learned Standing Counsel appearing on behalf of State.
2. A Madaras namely, Al-Jamiyatul Islahiya situated at Mohammadnagar Kathela, District-Siddharthnagar is registered with Arabic and Farsi Examination, U.P. in terms of decision taken in the meeting of Recognising Committee took place on 18.04.1998.
3. The Management of Madarsa is run by a Society namely, Al-Jamiyatul Islahia is registered under Societies Registration Act on 21.02.1992, renewed for 5 years, from 20.02.2017
4. The State of U.P. took said Madarasa on the grant-in-aid that by a letter dated 30.08.2012. At that time petitioner was Principal of Madarasa (appointed in year 2001).
5. In year 2006, a process was commenced to fill the post of Principal. According to petitioners advertisement was published in two daily newspapers. In paragraph 17 of writ petition it is declared that it was published in newspaper ‘Rastriya Sahara’ also, however, Annexure Nos. 5 and 6 are photocopy of two newspapers namely, ‘Gorakhpur Kesri’ dated 16.09.2006 and ‘Narad Charcha’ dated 13.11.2006, however, copy of advertisement published in ‘Rastriya Sahara’ is not placed on record.
6. The requirement for post of Principal as mentioned in above referred two newspapers were under following headings i.e. Post, Eligibility, Age, Minimum marks required and Salary.
7. The petitioner No.1 who allegedly fulfilled all criteria was selected and appointed as Principal of Madarsa and Committee of Management issued a letter dated 02.12.2006 in this regard. However, other details such as number of applicant applied for post and number of applicant called and appeared for interview as well as merit are not on record.
8. According to order-sheet notice was issued to respondent No.4 on 21.06.2022 (Management Committee of Madarsa), however, according to office report dated 14.07.2022, learned counsel for petitioners has not taken steps, therefore, no one has entered appearance on behalf of respondent No.4 and relevant documents referred above, which are under custodian of respondent No.4 are not on record.
9. Petitioners No.2 and 3 have claimed that they were selected on post of Assistant Teacher Alia and Tehtania respectively through a selection process. According to them, advertisement was published on 11.09.2006 in an Urdu newspaper, though contents of advertisement are translated but name of newspaper is not translated from Urdu to Hindi/English language as well as it appears that all requisite details were not published. Petitioner No.3 has retired.
10. Initially, there was some objection in date of appointment of petitioner as Principal, however, later on it was cured and accordingly, letter was issued from concerned department.
11. A complaint was filed that due process was not followed in the selection process of appointment of petitioners. An inquiry was set up and irregularities were detected in selection process. A copy of inquiry report is placed on record along with counter affidavit filed by respondent State.
12. As per report advertisement was not verified from original copy of newspaper as no one from office of newspaper has responded. The advertisement for Adhyapak i.e. Alia, Tehtania, Fokania was not complete. So far as advertisement for the post of Principal, only advertisement published in ‘Gorakhpur Kesri’ appears to be correct but it also remains incorrect as per salary on record.
13. The District Minority Welfare Officer acted upon inquiry report and since appointment of petitioners were irregular, their financial approval were withdrawn.
14. Petitioners have challenged order dated 20.04.2022 and 21.04.2022 issued by Madarsa Education Board and District Minority Welfare Officer.
15. Learned Senior counsel for the petitioners has submitted that :
(i) The photocopy of advertisement are annexed along with present writ petition wherein all requisite detail
