C/M Hafiz Siddiq Inter College vs State Of U.P. And Others
2012 Latest Caselaw 1001 ALL

Citation : 2012 Latest Caselaw 1001 ALL
Judgement Date : 27 April, 2012

Allahabad High Court

C/M Hafiz Siddiq Inter College vs State Of U.P. And Others on 27 April, 2012

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 20599 of 2012
 

 
Petitioner :- C/M Hafiz Siddiq Inter College
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- J.J. Munir
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos. 1,2, 3 and 4. Issue notice to respondent No. 5.

Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List this writ petition in the second week of July, 2012.

Petitioner, the Committee of Management of Hafiz Siddiq Inter College, Budaun through its Manager/Secretary, Jalees Ahmad, has rushed to this Court contending therein that the society known as Anjuman Ishat-E-Taleem, Musalmanane, Budaun, runs an educational institution known as Hafiz Siddiq Inter College, Budaun, which is a minority institution and is entitled to protection under Article 30 (1) of the Constitution, and in such a situation, the educational authorities, by no stretch of imagination, could have passed order totally eclipsing the Committee of Management and substituting the same by appointing Authorized Controller. Petitioner submits that in this way their constitutional right to run and administer the institution as has been provided for under Article 30 (1) of the Constitution, has been violated. In addition, it has also been contended that Section 16D of U.P. Act No. 2 of 1921, which empowers the District Inspector of Schools to supersede the Committee of Management in the event terms and conditions are fulfilled for invoking such powers, no orders can be passed under Section 16D of U.P. Act No. 2 of 1921 in relation to minority institution. Thus precise contention of the petitioner is that the Committee of Management of the institution concerned has wrongly been superseded.

Prima facie the argument advanced appears to have some substance and requires consideration by this Court. Consequently, till the next date of listing operation of order dated 22.03.2012 and consequential order dated 06.04.2012 are directed to be kept in abeyance.

Order Date :- 27.4.2012

SRY