HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE SRI JUSTI CE MANOJ KUMAR TI WARI

Writ Petition (S/ S) No. 1399 of 2023

Smt. Parul Saini --Petitioner

Versus

State of Uttarakhand and others -Respondents

With

Writ Petition (S/ S) No. 1400 of 2023 Writ Petition (S/ S) No. 1401 of 2023 Writ Petition (S/ S) No. 1402 of 2023 Writ Petition (S/ S) No. 1403 of 2023 Writ Petition (S/ S) No. 1404 of 2023 Writ Petition (S/ S) No. 1405 of 2023 Writ Petition (S/ S) No. 1406 of 2023 Writ Petition (S/ S) No. 1407 of 2023 Writ Petition (S/ S) No. 1417 of 2023 Writ Petition (S/ S) No. 1418 of 2023 Writ Petition (S/ S) No. 1419 of 2023 Writ Petition (S/ S) No. 1422 of 2023 Writ Petition (S/ S) No. 1423 of 2023 Writ Petition (S/ S) No. 1424 of 2023 Writ Petition (S/ S) No. 1687 of 2023 Writ Petition (S/ S) No. 1697 of 2023 Writ Petition (S/ S) No. 1704 of 2023 Writ Petition (S/ S) No. 1705 of 2023

----------------------------------------------------------------------

Advocates: Mr. Bharat Singh, Advocate for the petitioner (s).

Mr. Mahesh Bhatt, Advocate for the petitioner (s) in WPSS Nos. 1687/2023,

1697/2023, 1704/2023 and 1705/2023

Mr. Ganesh Dutt Kandpal, Deputy Advocate General with Mr. Narain Dutt

Bhatt, Standing Counsel for the State.

Mr. Atul Bhatt, Deputy S.G. for Union of India/respondent Nos. 5 and 6

----------------------------------------------------------------------

JUDGMENT

1. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 1399 of 2023 (SS) alone are being discussed and

considered.

2. Petitioner was appointed as Teacher in Bhartiya Public School, Padli Guja Paniyala Road, Roorkee (Haridwar) in the year 2011; the said school was

registered with Uttarakhand Madarsa Board; petitioner was getting Rs. 12000/- per month from State Government; however, payment of honorarium has been stopped after Financial Year 2016-17.

3. By means of Writ Petition No. 1399 of 2023 (SS), petitioner has sought following relief:

“To issue a writ order or direction in the nature of mandamus commanding the respondents to pay the salary and entire dues of petitioner since 1^st April 2016 to till date forthwith as early as possible preferably within 15 days.”

4. A counter affidavit has been filed by Hira Singh, Deputy Secretary, Department of Minority Welfare, Government of Uttarakhand, in which, it is stated that Government of India, Ministry of Human Resource Development introduced a scheme known as SPQEM (Scheme for Providing Quality Education in Madarsas) for providing quality education in different modern subjects in Madarsas along with deeni taleem; under the scheme, honorarium of Rs. 12000/- is to be paid to Post Graduate/B.Ed trained teacher and Rs. 6000/- is payable as honorarium to other teachers, and the expenditure has to be borne between Central Government and State Government in the ratio of 90:10.

5. In para 6 of said counter affidavit, it is stated that for financial year 2015-16, payment was made to Sir Sayyed Educational Society which runs Bhartiya Public School, Padli Gujar Paniyala Road Roorkee (Haridwar) out of the funds received from Central Government; however, during process of verification of U-dice Code of Madarasas in U-dice portal, it was found that the said school is not registered under U-dice Code 97 due to which Central Government has not released funds for financial year

2016-17 and proposal for financial year 2021-22 has also not been forwarded to the Central Government because the societies not verified and does not have U-dice Code. Para 9 and 12 of the aforesaid counter affidavit are extracted below:

“9. That the contents of Paragraph No. 11 & 12 of the writ petition are not admitted. In reply it is submitted that the petitioner is appointed under SPQEM Scheme of Government of India and at the time of verification, the Government of India has found that U- dice code of the above Society an