The court ruled that the absence of a President during the appointment process does not invalidate actions taken by a Vice President, reaffirming the necessity of adherence to procedural fairness and natural justice.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against the order of the Registrar, Arbi and Farsi Education Board, U.P., Lucknow dated 02.12.2014, revoking the approval granted to the petitioner's appointment as an Assistant Teacher (Tahtania).

2. The facts briefly said are that the Al-Jamaiatul Islamia Mambaul Maarif, Village Sumbhi, Post Gambheerban, District Azamgarh is a Society registered under the Societies Registration Act, 1860, bearing Registration No.929/1992-93. It was registered with the Registrar of Societies on 12.12.1993. Hereinafter, it shall be referred to as 'the Society'. The Society has its bylaws, also registered. In keeping with the objects of the Society, to promote learning of Arabic and Persian language and also Islamic religious ethics, it established an institution, known as Madarsa Al-Jamaiatul Islamia Mambaul Maarif, Village Sumbhi, Post Gambheerban, District Azamgarh (for short, 'the Institution'). The Institution was recognized by the competent Authority way back in the year 1996. A maintenance grant was extended to it in the year 2005 by the Government. The affairs of the Institution are managed by a Committee of Management of the Society/ Institution. According to the bylaws of the Society, this Committee of Management comprises a President, called a Sadar, a Vice President (Naib Sadar), one Manager, one Deputy Manager, a Cashier and an Auditor. These are all office bearers of the Society as well as its maintained Institution.

3. The time to which this matter relates, the recognition of Madarsa as well as appointment of its teachers were governed by the Manyata Evam Sewa Niyamavali, Arbi Tatha Farsi Madarse, U.P. (for short, 'the Regulations'). These Regulations were approved and circulated by the State Government vide Government Order dated 22.08.1987. These were amended from time to time. Regulation 20 of the Regulations provides that the Management would constitute a selection committee, a month before commencement of the academic session, in order that suitable candidates are selected and appointed against vacancies of teachers. In cases where a mid-session vacancy occured, the Management of the Institution would be entitled to appoint on ad hoc basis for two months, a suitable teacher. In the matter of selection of assistant teachers, the Principal/ Headmaster would also be a member of the selection committee.

4. Regulation 22 of the Regulations provides that in order to fill up a vacancy in the Madarsa, whether newly created, temporary or permanent, it would be necessary to advertise it in at least two daily newspapers, one of which should have regional circulation and the other a State level newspaper. The advertisement would indicate the qualifications, age limit, the pay-scale etc. The Regulations mandate that no appointment shall be made against a post, which is not approved by the Department of Minority Welfare of the State Government.

5. There were five sanctioned posts of Assistant Teachers (Tahtania) with the Institution. The Tahtania Section is equivalent to Primary Section of an institution, imparting conventional education. One post of an Assistant Teacher (Tahtania) fell vacant on account of the death of one Mohd. Raees, an Assistant Teacher, on 23.08.2009. The Committee of Management of the Institution, after securing permission from the competent Authority, advertised the post in two daily newspapers, to wit, Awaze Mulk, issue dated 17.04.2012 and Devbrat, issue dated