Allahabad High Court
C/M Madarsa Talimul Islam And ... vs State Of U.P. And 2 Others on 3 October, 2023
Bench: Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:190097
Court No. - 10
Case :- WRIT - C No. - 9176 of 2022
Petitioner :- C/M Madarsa Talimul Islam And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Rajan Upadhyay,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
1. Heard Rajan Upadhyay, learned counsel for the petitioners, Shri Jitendra Singh, learned counsel for the State-respondents and perused the record.
2. This writ petition has been filed claiming for the following reliefs: -
i). Issue a writ, order or direction in the nature of certiorari quashing the order dated 22.11.2021 passed by the respondent no.1 and the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) (Amendment) Act, 2017 (Annexure Nos. 12 and 13, respectively, to this writ petition).
ii). Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to take the primary section of the petitioner's institution on the grant-in-aid list and to ensure payment of salary of teaching and non-teaching staff of the primary section of the institution also from the State Exchequer.
iii). Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to consider and decide petitioner's representation by a reasoned and speaking order.
3. By the order impugned, the petitioners' claim for inclusion on the grant-in-aid list of the State Government has been denied in relation to primary section.
4. Learned counsel for the petitioners submits that identical controversy has been dealt with by this Court in following judgments quoted below:-
I. Writ-A No. 2267 of 2022 (Committee of Management, Naseeb Ali Albi Islamiya Junior High School Thru. Manager and Another Vs. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 3 Others) decided on 21.04.2022.
II. WRIT - A No. - 20751 of 2019 Writ-A No.480 of 2021, Writ-A No.660 of 2021, Writ-A No.665 of 2021, Writ-A No.668 of 2021, Writ-A No.756 of 2021, Writ-A No.760 of 2021, Writ-A No.790 of 2021, Writ-A No.935 of 2021, Writ-A No.962 of 2021, Writ-A No.990 of 2021, Writ-A No.1307 of 2021, Writ-A No.1536 of 2021, Writ-A No.1847 of 2021, Writ-A No.1927 of 2021, Writ-A No.1928 of 2021, Writ-A No.1950 of 2021,Writ-A No.2094 of 2021, Writ-A No.2480 of 2021, Writ-A No.3473 of 2021, Writ-A No.3623 of 2021, Writ-A No.4405 of 2021, Writ-A No.4580 of 2021, Writ-A No.4745 of 2021, Writ-A No.4822 of 2021, Writ-A No.4855 of 2021, Writ-A No.4860 of 2021, Writ-A No.4914 of 2021, Writ-A No.5441 of 2021, Writ-A No.5919 of 2021, Writ-A No.5920 of 2021, Writ-A No.5927 of 2021, Writ-A No.5929 of 2021, Writ-A No.5932 of 2021, Writ-A No.6604 of 2021, Writ-A No.6971 of 2021, Writ-A No.7031 of 2021, Writ-A No.7175 of 2021, Writ-A No.7664 of 2021, Writ-A No.7669 of 2021, Writ-A No.7693 of 2021, Writ-A No.7694 of 2021, Writ-A No.7695 of 2021, Writ-A No.7696 of 2021, Writ-A No.7710 of 2021, Writ-A No.7793 of 2021, Writ-A No.8362 of 2021, Writ-A No.9268 of 2021, Writ-A No.9328 of 2021, Writ-A No.11483 of 2021, Writ-A No.11485 of 2021, Writ-A No.11490 of 2021, Writ-A No.11523 of 2021, Writ-A No.11607 of 2021, Writ-A No.11700 of 2021, Writ-A No.11765 of 2021, Writ-A No.11767 of 2021, Writ-A No.11770 of 2021, Writ-A No.11786 of 2021, Writ-A No.11790 of 2021, Writ-A No.12039 of 2021 Writ-A No.10404 of 2021, Writ-A No.10582 of 2021, Writ-A No.10772 of 2021, Writ-A No.11395 of 2021, Writ-A No.11426 of 2021, Writ-A No.11466 of 2021, Writ-A No.11470 of 2021, Writ-A No.11477 of 2021, Writ-A No.15549 of 2019, Writ-A No.1310 of 2020, Writ-A No.5571 of 2020, Writ- A No. 5617 of 2020, Writ -A No.6341 of 2020, Writ-A No.6872 of 2020, Writ-A No.6984 of 2020, Writ-A No.7235 of 2020, Writ-A No.7430 of 2020, Writ-A No.7890 of 2020, Writ-A No.8681 of 2020, Writ-A No.9141 of 2020, Writ-A No.9871 of 2020, Writ-A No.11182 of 2020, Writ-A No.11611 of 2020, Writ-A No.11788 of 2020, Writ-A No.12439 of 2020, Writ-A No.13716 of 2020, Writ-A No.13734 of 2020, Writ-A No.14379 of 2020, Writ-A No.15232 of 2020, Writ-A No.471 of 2021 Writ-A No.9527 of 2021, Writ-A No.8362 of 2021 (C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala and Ors. Vs. State of U.P. and Ors.) decided on 14.03.2022.
5. By placing reliance on the aforesaid decisions, it has been contended that the identical orders as impugned in this petition have been quashed by this Court and directions were issued for reconsideration.
6. Learned Standing Counsel does not dispute the aforesaid submission made by the learned counsel for the petitioners.
7. The writ petition is accordingly allowed in the light of the judgment of this Court passed in Writ-A No. 2267 of 2022 and bunch of writ petitions connected with Writ-A No. 20751 of 2019.
8. The order impugned dated 22.11.2021 is hereby quashed.
9. The respondents are directed to reconsider the petitioner's claim in the light of Category B & C as explained in paragraph no.5 of the judgment dated 14.03.2022 passed in bunch of writ petitions connected with Writ-A No. 20751 of 2019 within a period of four months from the date of certified copy of this order is produced before the concerned authority along with copies of the aforesaid judgments, provided that the same are filed within a period of two weeks from today.
Order Date :- 3.10.2023
Anurag/-
