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HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 18065 of 2026

Khurshid Ahmad

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Akhilesh Chandra Mishra, Narendra

Kumar Chaturvedi

Counsel for Respondent(s) : C.S.C., Ramesh Chandra Dwivedi

Court No. - 38

HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Narendra Kumar Chaturvedi, learned counsel for the

petitioner, Shri Ramesh Chandra Dwivedi, learned counsel for the

respondent no.3 and learned Standing Counsel for the State-respondent

nos. 1 and 2.

2. By way of present writ petition, the petitioner has assailed the order

dated 11.03.2026 by way of which, the earlier order passed in purported

exercise of Regulation 12 (5) of Part III of The U.P. Non-Governmental

Arabic and Persian Madarsa Recognition, Administration and Services

Regulation, 2016 (hereinafter referred to as 'Regulations- 2016') has been

withdrawn.

3. The petitioner has contended that the last undisputed election was held

on 08.11.2020, in pursuance of an order passed under Section 25(2) of the

Act, 1860; and the said list of members was also duly registered under

Section 4(1) of the 1860.

4. However, the election which was held on 14.12.2025 was disputed and

this Court, vide its order dated 10.02.2026 passed in Writ-C No. 43010 of

2025 (Committee Of Management, Anjuman Isiamiya Faizul Uloom,

Village-Dhanauji And Another Vs. State of U.P. and 2 Others , had

)

passed a consent order that the dispute is required to be addressed as per

the provisions of Section 25(1) of the Act, 1860; and accordingly, had

disposed of the said writ petition with the direction to consider and decide

the claim in accordance with the provisions of Section 25(1) of the Act,

WRIC No. 18065 of 2026

2

1860. It has further been submitted that the adjudication as required under

the provisions of Section 25(1) of the Act is still pending, and during

pendency of the aforesaid adjudication, the impugned order dated

11.03.2026 has been passed.

5. Per contra, learned counsel appearing on behalf of respondent no.3 has

attracted the attention of this court towards the Scheme of Registration,

more particularly Clause 6 (e) of the Scheme of Administration, which

was duly approved vide order dated 31.07.2025. For ready reference, the

same is reproduced below:

"( )- - /

य कायकर् ालः संस्था मदरसा की ्ऺबन्ध कािरणी सिमित का कायकर् ाल सामान्य

रूप से पाँच वष र् को होगा। परन्तु िकसी कारणवश सस्ं था की ्ऺबन्ध सिमित का चुनाव

समय से न होने के कारण या नविनवािर्चत ्ऺबन्ध सिमित के पंजीकृत न होने के

फलस्वरूप पूवर् ्ऺबन्ध सिमित िकसी िववाद के न होने की िस्थित में केयर टके र के रूप

/ /

कायर् करती रहगे ी। यिद सस्ं था के ्ऺबन्ध सिमित ्ऺबन्धक ्षारा सस्ं था के अध्यापको

कमर्चािरयो के वेतन भुगतान हते ु िबल समय से ्ऺस्तुत नही की जायेगी या वेतन िबल

-2016 -3 -12

्ऺस्तुत िकये जाने म ें चूक होगी तो ही िविनयमावली के भाग के िविनयम

(5)

के ्ऺािवधान लागू िकये जायेगे।"

6. In view of the aforesaid, he submits that the Scheme of Administration

clearly contemplates that for whatsoever reason if the newly elected

Committee of Management is not registered, the earlier Committee of

Management shall continue as a caretaker. He has further relied upon a

decision of this court in Special Appeal No. 420 of 2011 (C/M, Islamia

Inter College, Firozabad & Another Vs. State of U.P. and Others) dated

17.03.2011, to contend that in similar circumstances, the order passed by

the D.I.O.S. therein directing for single operation, was set aside.

7. In rejoinder, learned counsel for the petitioner has relied upon a

decision of this court dated 11.11.2022 in Special Appeal (Defective) No.

497 of 2022 (C/M Madrasa Arbia Azizia Majahrool Uloom Nichlaul And

2 Others Vs. State of U.P. and 5 Others), to contend that in case of any

dispute with respect to the attestation of signatures, the fresh election

could not have been accorded recognition, as required by the Regulations

2016; and the District Minority Welfare Officer, on examinations of the

papers, shall refer the matter to D.I.O.S., who shall decide the matter and