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IN THE HIGH COURT OF ALLAHABAD
Prakash Padia,J.
Shafique Ahmad – Appellant
Versus
State Of U.P. And 3 Others – Respondent
WRIT - A No. - 6586 of 2024
Decided on : 11-03-2025
(A) U.P. Non-Government Arabic and Persian Madarsa Recognition Rules, 1987 - The petitioner sought quashing of the order dated 28.03.2024, which withdrew financial approval for his appointment as Assistant Teacher Fauquania. The Madarsa is a non-government aided minority institution governed by the aforementioned rules. (Paras 4, 14, 24)
(B) Employment Law - The court emphasized that the appointment and salary of the petitioner were valid for over 30 years, and the withdrawal of approval was arbitrary as there was no fraud involved. (Paras 16, 21, 24)
(C) Legal Precedent - The court relied on the principle that appointments made in good faith should be protected even if procedural errors occurred in the creation of posts. (Paras 20, 23)
Facts of the case:
The petitioner was appointed as Assistant Teacher Tahtania in 1988 and later promoted to Assistant Teacher Fauquania in 2021. Despite approvals and salary payments for decades, his financial approval was withdrawn in 2024.
Findings of Court:
The court found the withdrawal of the appointment approval to be illegal and quashed the impugned order.
Issues: The main issues included the legitimacy of the appointment and whether the financial approval could be withdrawn after such a long period.
Ratio Decidendi: The court ruled that the petitioner’s long-standing appointment could not be invalidated without evidence of wrongdoing, emphasizing the need for stability in employment.
Result: The impugned order dated 28.03.2024 is quashed, and the petitioner is entitled to all consequential benefits.
JUDGMENT :
Prakash Padia, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 3 and Sri Pranav Mishra, learned counsel for respondent No.2.
2. With the consent of learned counsel for the parties, the present petition is being decided at the admission stage itself.
3. The petitioner has preferred the present petition with the following prayers:-
(I) issue a writ, order of direction in the nature of certiorri quashing the impugned order dated 28.03.2024 passed by respondent Registrar/Inspector (contained in Annexure No.1 to writ petition);
(II) issue a writ, order of direction in the nature of mandamus directing the respondents to continue to pay month to month salary to petitioner for the post of Assistant Teacher Fauquania Madarsa Jamia Alia Arabia Alianagar, Mau;
(III) issue a writ, order of direction in the nature of mandamus directing the respondents for payment of arrears of difference of salary of the post of Assistant Teacher Tahtania and Assistant Teacher Fauquania alongwith adequate interest;
4. Facts in brief as contained in the writ petition are that the Madarsa Jamia Alia Arabia Alinagar, Mau (hereinafter referred to “Madarsa”) is a non- government aided minority Institution imparting education up to Class Fazil (graduation Level). The Madarsa run and managed by a society namely Jamila Alia Arabia, Mau bearing Registration No.645/1982-83 dated 14.09.1982 and the same has been renewed on 14.09.2019 for further period of five years. The affair of the Madarsa in U.P. including the services of teaching and non-teaching staff are being governed by U.P. Non-Government Arabic and Persian Madarsa Recognition Rules, 1987 which was later on amended in the year 2016.
5. The Assistant Director of Education (Basic) forwarded the list dated 29.11.1990, stating that there is 1 post of Principal, 6 posts of Assistant Teacher Alia (Matric), 1 post of Headmaster Fauquania (Class 6 to 8), 3 posts of Assistant Teacher Fauquania, 1 post of Headmaster Tahtania (Class 1 to 5), 11 posts of Assistant Teacher Tahtania I.e. 22 posts of teaching staff and 5 non teaching staff, total 27 posts were approved and working and getting their salary.
6. In view of increased strength of students, respondent/Committee of Management proceeded with requested of sanctioning more teaching staff. Considering the bonafide need of the institution Director Urdu/Western Language Uttar Pradesh Lucknow vide letter dated 28.9.1995 asked District Basic Education Officer Mau to inquire into the matter and submit report. In compliance of the aforesaid directions, the District Basic Education Officer, Mau inquired the matter through Educational Superintendent Urban Area, Mau, who after proper proceeding/initiatives recommended 7 posts of Assistant Teacher Alia and 14 posts of Assistant Teacher Tahtania in madarsa. District Basic Education Officer, Mau vide letter dated 20.2.1996 sent its recommendation to the Director Urdu/Western Language, U.P.Lucknow for necessary action.
7. Insofar as the present petitioner is concerned, he was working in the Institution in question on the post of Assistant Teacher Tahtania since 1988 and after the posts were sanctioned, he started getting his salary from the State Exchequer on the post of Assistant Teacher Tahtania with effect from 1995. The Deputy Director (Urdu), on behalf of Director (Urdu) Lucknow vide order dated 1.3.1996 directed the Basic Education Officer to do the needful for payment of salary of 13 teachers of Tahtania. In the said list, the name of the petitioner is also included. It is further stated in paragraph 14 of the writ petition that though the petitioner was performing teaching work in the Madarsa as Assistant Teacher in Tahtania with effect from 1998 but he started getting his salary from the State Exchequer in December, 1995.
8. It so happened one Imtiyaz Ahmad Assistant Teacher Fauquania had retired on 31.3.2021 on attaining the age of superannuation. In order to fill up the a
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
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