Allahabad High Court
Israr Ahmad vs State Of U.P. Thru ... on 8 October, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- SERVICE SINGLE No. - 9596 of 2017
Petitioner :- Israr Ahmad
Respondent :- State Of U.P. Thru Prin.Secy.Deptt.Of Minrity Welfare & Ors.
Counsel for Petitioner :- Alok Kr. Misra
Counsel for Respondent :- C.S.C.,Afzal Siddiqui
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Alok Kumar Mishra, learned counsel for the petitioner and Sri Afzal Siddiqui, learned counsel for the opposite party No.3.
Since the writ petition was dismissed by this Court on 03.05.2017 but the aforesaid order was recalled on the Recall Application No.73060 of 2017 on 13.09.2018.
When the writ petition was heard by this Court on 03.05.2017, Sri M.B. Singh, learned counsel had put in appearance on behalf of opposite party No.5. Today, the name of Sri B.M. Singh, Advocate has not been printed in the cause list as counsel for the opposite party No.5.
Learned counsel for the petitioner has vehemently submitted that on account of citing wrong proposition of rules before the Court, the writ petition was dismissed whereas this is a matter which was fit for interim relief. Therefore, learned counsel for the petitioner has pressed interim relief application.
Learned counsel for the petitioner has also drawn attention of this Court towards the judgment and order dated 09.09.2003 passed by this Court in Writ Petition No.4874 (S/S) of 2000; Mohd. Shamim Khan vs. Registrar/ Inspector, Arbi Farsi Madarsa, U.P., Lucknow & others, wherein this Court in similar and identical circumstances was pleased to allow the writ petition directing the competent authority to permit the petitioner to discharge the duties.
Sri Afzal Siddiqui, learned counsel for the opposite party No.3 has fairly submitted that the reason so indicated in the impugned order against the petitioner, is not applicable inasmuch as the degrees awarded by the Educational Institutions equivalent to any University shall be recognized as equivalent to the degrees of Fazil, Kamil, Alim, Maulvi, Munshi and Hafiz and the essential qualification for the same would be 55% marks but this condition would not be applicable in the case where any candidate is possessing the degree of M.A. etc.
The matter requires consideration.
List this case on 22.10.2018 as fresh.
Learned counsel for the petitioner shall intimate the counsel for the opposite party No.5 in writing about the date fixed. On the said date, the writ petition may be disposed of finally and if in any case it is not decided finally, the interim relief application of the petitioner would be disposed of.
When the case is next listed, name of Sri M.B. Singh, Advocate be printed in the cause list as counsel for the opposite party No.5.
Order Date :- 8.10.2018
Suresh/
[Rajesh Singh Chauhan,J.]
