Allahabad High Court
Gayasuddin vs State Of U.P.Through Secretary ... on 6 December, 2012
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 63311 of 2012
Petitioner :- Gayasuddin
Respondent :- State Of U.P.Through Secretary And Ors.
Petitioner Counsel :- Mohd.Ali Ausaf,Ashok Khare
Respondent Counsel :- C.S.C.,M.A.Siddiqui,Manu Singh
Connected with-
1. Case :- WRIT - A No. - 63314 of 2012
Petitioner :- Nurul Abedin And Anr.
Respondent :- State Of U.P.Through Secretary And Ors.
Petitioner Counsel :- Mohd.Ali Ausaf,Ashok Khare
Respondent Counsel :- C.S.C.,M.A.Siddiqui,Manu Singh
2. Case :- WRIT - A No. - 63385 of 2012
Petitioner :- Iqbal Ahmad And Ors.
Respondent :- State Of U.P.Through Secretary And Ors.
Petitioner Counsel :- Mohd.Ali Ausaf
Respondent Counsel :- C.S.C.,Manu Singh,W.A.Siddiqui
3. Case :- WRIT - A No. - 63390 of 2012
Petitioner :- Faiz Mohd. And Anr.
Respondent :- State Of U.P.Through Secretary And Ors.
Petitioner Counsel :- Mohd.Ali Ausaf
Respondent Counsel :- C.S.C.,Manu Singh,W.A.Siddiqui
Hon'ble V.K. Shukla,J.
In the present bunch of writ petitions, the petitioners are before this Court questioning the validity of order of removal from service of Madarsa Rizviya Ahle Sunnat, Rustampur, Post Sanichara Bazar, Tehsil Khalilabad, District Sant Kabir Nagar.
Petitioners are trying to contend before this Court that the authority of removal has been arbitrarily exercised in the present case.
Sri M.A. Qadeer, Senior Advocate, assisted by Sri W.A. Siddiqi, Advocate, on the other hand, contended that the petitioners have got equally efficacious alternative remedy to approach the Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Jawahar Bhawan, Lucknow under Rule 34 of the U.P. Arbi Tatha Farsi Madarson ke Manyata and Sewa Niyamawali, wherein clear cut provision has been provided for representing against the impugned order.
Once a mechanism of making representation to the Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Jawahar Bhawan, Lucknow has been provided in the shape of Rule 34 of the aforesaid Niyamawali, then the writ petition is not being
entertained. Accordingly, present writ petition is not being entertained and the petitioners are relegated to approach the Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Jawahar Bhawan, Lucknow, within three weeks from today along with a certified copy of this order. In the event of any such claim being set up, the same shall be dealt with and decided by the Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Jawahar Bhawan, Lucknow, in accordance with law, within a period of next two months from the date of representation. It is clarified that the order impugned in the present writ petition shall abide by the order passed by the Registrar/Inspector, U.P. Madarsa Shiksha Parishad, Jawahar Bhawan, Lucknow, hereafter.
Writ petitions are disposed of accordingly.
Order Date :- 6.12.2012
SRY
