# Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors v. State of U.P. & Ors

- **Citation:** (2023) 9 ILRA 977
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-09-06
- **Case number:** Writ-C No. 11005 of 2023
- **Bench:** Kshitij Shailendra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/anjuman-siddiquia-jamia-noorul-oloom-munshipur-mubarakpur-azamgarh-ors-v-state-50816
- **Pages:** 26

## Headnote

Civil Law - Uttar Pradesh Board of
Madarsa Education Act, 2004 - Sections 2,
3, 9, 10 & 13 - Constitution of India, 1950
- Article 14 & 226 - Validity of S.I.T. Report
and Government Resolution - Natural Justice -
Petitioners
challenged
the
order
dated
09.01.2023 approving the Resolution dated
19.12.2022, based on the S.I.T. report dated
30.11.2022, which recommended criminal action
and withdrawal of recognition for 219 nonexistent Madarsas, including petitioners', for
alleged embezzlement of funds under the
Madarsa Modernisation Scheme. Petitioners
argued that the S.I.T. investigation was exparte, violating natural justice, and the
Madarsa in Writ-C No. 11005 was closed in

## Text

_Characters 0–39,949 of 84,815. This is a partial read: ask again with offset=39949 for what follows._

9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
977

"20.
Unless
there
is
an
order
determining the amount of contribution
payable in respect of employees of the
factory or establishment under Section 45 A
(1), Section 45 A(2), Section 45 B and 45 C,
will not come into the play. In absence of
any final order passed under Section 45 A
(1), as demonstrated by the materials on
record,
the
impugned
order
dated
10.06.2010 has to be construed as being
without jurisdiction in the eye of law. "

16. In light of the above, no
determination under Section 45 A has been
made by the respondents and accordingly
the recovery proceedings initiated against
the petitioner are illegal and arbitrary and
contrary to the provisions of law. The order
impugned dated 17.1.2020 issued by
opposite party No.2 under Section 45-C to
45-I of the Employees State Insurance Act,
1948 is quashed and all the proceedings in
pursuance of the said order are also set
aside.

17. Liberty is granted to the
respondents to pass fresh orders as per
Section 45 A and accordingly proceed
further in the matter in accordance with
law.

18. The writ petition thus stand
allowed.
----------
(2023) 9 ILRA 977
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 06.09.2023

BEFORE

THE HON'BLE KSHITIJ SHAILENDRA, J.

Writ-C No. 11005 of 2023
with
Writ-C No. 5992 of 2023
Anjuman Siddiquia Jamia Noorul Oloom
Munshipur, Mubarakpur Azamgarh & Ors.
 ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Ami Tandon, Sri Anoop Trivedi (Sr. Advocate)

Counsel for the Respondents:
C.S.C.

Civil Law - Uttar Pradesh Board of
Madarsa Education Act, 2004 - Sections 2,
3, 9, 10 & 13 - Constitution of India, 1950
- Article 14 & 226 - Validity of S.I.T. Report
and Government Resolution - Natural Justice -
Petitioners
challenged
the
order
dated
09.01.2023 approving the Resolution dated
19.12.2022, based on the S.I.T. report dated
30.11.2022, which recommended criminal action
and withdrawal of recognition for 219 nonexistent Madarsas, including petitioners', for
alleged embezzlement of funds under the
Madarsa Modernisation Scheme. Petitioners
argued that the S.I.T. investigation was exparte, violating natural justice, and the
Madarsa in Writ-C No. 11005 was closed in
2017. Respondents contended that the S.I.T.
conducted thorough spot and portal-based
inspections, finding petitioners' Madarsas
non-existent, with funds misappropriated in
collusion with officials. Court held that the
St.Government's power under Section 13(4)
allows
immediate
action
without
Board
reference, potentially diluting natural justice
principles.
Section
10(2)(vi)
ensures
opportunity for institutions to respond before
Board action. The Division Bench order dated
09.02.2023 in Criminal Misc. Writ Petition
No. 1131 of 2023 upheld the S.I.T. report
and Resolution, finding no legal requirement
for prior notice in preliminary inquiries for
F.I.R. lodging. Interim orders in related cases
were deemed per incuriam for ignoring the
Division
Bench
ruling.
Writ
petitions
dismissed, with liberty to petitioners to raise
grievances before competent authorities.
Interim orders vacated. (Paras 33-36, 39-43,
52)

Writ petitions dismissed.
978 INDIAN LAW REPORTS ALLAHABAD SERIES
List of Cases Cited:

1. UOI Vs J.N. Sinha & anr., AIR 1971 SC 40

2. Young Vs Bristol Aeroplane Co. Ltd., (1944) 2
All ER 293

3. St. of U.P. & anr. Vs Synthetics and Chemicals
Ltd. & anr., (1991) 4 SCC 139

4. Nirmal Jeet Kaur Vs St.of M.P. & anr., JT 2004
(7) SC 161

5. Govt. of Andhra Pradesh & anr. Vs B.
Satyanarayana Rao (Dead) by Lrs., (2000) 4 SCC
262

6. St. of Bihar Vs Kalika Kuer @ Kalika Singh &
ors., JT 2003 (4) SC 489

7. Mamleshwar Prasad & anr.Vs Kanahaiya Lal
(Dead), (1975) 2 SCC 232

8. Rajpur Ruda Meha & ors.Vs St.of Gujarat, AIR
1980 SC 1707

9. A.R. Antule Vs R.S. Nayak, AIR 1988 SC 1531

10. Municipal Corporation of Delhi Vs Gurnam
Kaur, AIR 1989 SC 38

11. Punjab Land Development and Reclamation
Corporation Ltd., Chandigarh Vs Presiding
Officer, Labour Court, Chandigarh & ors., (1990)
3 SCC 682

12. Maharashtra St.Cooperative Cotton Growers
Marketing Federation Ltd & anr.Vs Employees'
Union & Another, 1994 Supp (3) SCC 385

13. Pawan Alloys & Casting Pvt Ltd, Meerut Vs
U.P. St.Electricity Board & ors., (1997) 7 SCC
251

14. Ram Gopal Baheti Vs Girdharilal Soni & ors.,
(1999) 3 SCC 112

15.
Sarnam
Singh
Vs
Dy.
Director
of
Consolidation & ors., (1999) 5 SCC 638

16.
Govt.
of
Andhra
Pradesh
Vs
B.
Satyanarayana Rao, AIR 2000 SC 1729

17. Arnit Das Vs St.of Bihar, (2000) 5 SCC 488

18. M/s. Fuerst Day Lawson Ltd. Vs Jindal
Exports Ltd., AIR 2001 SC 2293

19. A-One Granites Vs St.of U.P. & ors., (2001) 3
SCC 537

20. Suganthi Suresh Kumar Vs Jagdeeshan, AIR
2002 SC 681

21. Director of Settlements A.P. & ors.Vs M.R.
Apparao & Another, (2002) 4 SCC 638

22. S. Shanmugavel Nadar Vs St.of T.N &
Another, (2002) 8 SCC 361

23. St. of Bihar Vs Kalika Kuer Kalika Singh &
ors., AIR 2003 SC 2443

24. Manda Jaganath Vs K.S. Rathnam & ors.,
(2004) 7 SCC 492

(Delivered by Hon'ble Kshitij Shailendra, J.)

1. These two writ petitions, connected with
each other, were heard simultaneously and
since they involve identical factual and
legal controversy, both are being decided
by a common judgment.

WRIT C No.11005 of 2023

THE CHALLENGE

2. This writ petition has been filed
challenging an order dated 09.01.2023
passed
by
the
Special
Secretary,
Government of U.P., Lucknow insofar as it
pertains to the petitioners and contains a
direction for an action to be taken against
them in pursuance of a report dated
30.11.2022 submitted by the Special
Investigation Team (S.I.T.), as considered
in the meeting held on 19.12.2022. Further
prayer is for quashing the S.I.T. report itself
to the extent it pertains to the petitioners
and also for quashing the Resolution dated
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
979
19.12.2022 passed in a meeting headed by
Chief Secretary of the State Government
whereby recommendation to accept the
S.I.T. report has been made. Another relief
claimed is that the respondents may not
harass or take coercive measures against
the petitioners.

FACTS OF THE CASE

3. The petitioner No.1-Anjuman
Siddiquia Jamia Noorul Oloom Munshipur,
Mubarakpur,
Azamgarh
through
its
Manager Mr. Zaheen Ahmad (hereinafter
referred to as 'the Society') registered
under the Societies Registration Act, 1860
(hereinafter referred to as 'the Act, 1860'),
established a Madarsa in the name and style
of petitioner No.2- Madarsa Ashrafia
Madintul Banat, Mubarakpur, Azamgarh
(hereinafter referred to as 'the Madarsa')
over the properties taken on lease and sale;
deeds annexed. After due verification,
Madarsa
was
registered
under
the
provisions of the Uttar Pradesh Board of
Madarsa Education Act, 2004 (hereinafter
referred to as 'the Act, 2004') by a
Registration Certificate dated 27.07.2011
and the State Government introduced a
Scheme named "Madarsa Adhunikaran
(Modernisation) Scheme" for providing
teachers to the Madarsas and to provide
financial assistance to them for the
purposes of teaching different subjects and,
under the said Scheme, the petitioner No.2Madarsa appointed three qualified teachers,
namely Kahakasha Parveen (petitioner
No.3), Subi Parveen (petitioner No.4) and
Mohd. Shah Faizal (petitioner No.5).

4. It is further pleaded that under the
aforesaid
Scheme,
a
total
sum
of
Rs.1,02,000/- was released by the State
Government in two strokes (Rs.30,000/- +
Rs.72,000/-) by 31.01.2016 and the said
amount was directly transferred to the bank
accounts of petitioner nos.3, 4 and 5, i.e.
the teachers, and its details were uploaded
on the Portal of Madarsa and, later on, due
to various difficulties including financial
crunch, a decision to close down the
Madarsa was taken and, during the said
course, a letter dated 31.07.2017 was
written by the petitioners to the respondent
No.4-District Minority Welfare Officer,
Azamgarh to withdraw the Madarsa from
the aforesaid Scheme and, further, by
another letter dated 27.11.2017, decision to
close
down
the
Madarsa
was
communicated by the petitioner No.2.-
Madarsa to the respondent no.4 and,
consequently, the Madarsa stood finally
closed in November, 2017.

THE ISSUE RAISED BY THE
PETITIONERS

5. The issue raised is that the Special
Investigation Team (S.I.T.), constituted to
examine
various
complaints
against
Madarsa,
submitted
a
report
dated
30.11.2022 which was placed before a
Committee headed by Chief Secretary of
the State Government in its meeting dated
19.12.2022 and proceedings of the said
meeting disclose various actions proposed
to be taken against various Madarsas,
including the petitioner-Madarsa, which
include lodging of F.I.R. against the office
bearers of the Madarsa under Sections 409,
420, 467, 468 and 471 I.P.C. The case of
the petitioners is that the MadarsaAuthorities were never provided any
opportunity, either to participate in the
investigation conducted by the S.I.T. or
before passing of the Resolution dated
19.12.2022 or before accepting the S.I.T.
report and the Resolution under the
impugned order dated 09.01.2023. They
have alleged the entire proceedings having
980 INDIAN LAW REPORTS ALLAHABAD SERIES
been undertaken in utter violation of
principles of natural justice, terming the
same to be thoroughly ex-parte, arbitrary,
perverse,
erroneous,
discriminatory,
unjustified and in violation of Article 14 of
the Constitution of India.

DEFENCE IN COUNTER
AFFIDAVIT

6. A counter affidavit has been filed
on behalf of the respondents which has
been
sworn
by
the
Additional
Superintendent of Police, State S.I.T., U.P.,
Lucknow and the defence taken is that in
furtherance of a letter dated 23.10.2020
issued by the Special Secretary, Home
(Police) Anubhag-3, U.P., Lucknow, on the
basis of recommendations made by the
Director, Minority Welfare, U.P., Lucknow
dated 12.07.2017, during the course of
verification of Madarsas uploaded on the
concerned portal of District Azamgarh,
inquiry about 313 Madarsas was conducted
and, having found various unwarranted
activities and anamolies, a decision to get
the investigation conducted through S.I.T.
was taken and, consequently, investigation
was conducted by the S.I.T. and following
facts came into light, as pleaded by the
respondents:-

I. During verification of uploaded
Madarsa on the Madarsa Portal in
District-Azamgarh by the State Special
Investigation Team, U.P., Lucknow, upon
the investigation of 313 Madarsa being
found against standards. However, out of
the aforesaid 313 Madarsa, 72 Madarsas
have not been found to be as per standards.
Meaning thereby, they were running, but
did not fulfill various conditions in respect
of recognition. These Madarsas after many
years, did not complete the standards to
fulfill
the
conditions
for
granting
recognition, they were not having any
building or land. As such, while committing
grave negligence and irregularities, these
Madarsas have been granted recognition
by the concerned authorities. Hence a
recommendation
has
been
made
to
withdraw the recognition of these 72
Madarsas and to proceed with the
departmental
proceedings
against
the
employee/officer,
who
has
granted
recognition.

II. During inquiry, out of 313
Madarsas, 219 Madarsas have been found
to be non existent. Meaning thereby, the
Madarsas are only running on papers.
Actually, these Madarsas, which have been
shown to be run is only for the purpose to
embezzle
the
Government
Aid.
The
Madarsa Modernization Scheme started in
the year 1994. Under the aforesaid scheme,
in the name of the abovenoted non existing
Madarsas, how much fund has been
sanctioned, in this regard, the Minority
Welfare Department could not furnish full
and satisfactory information. Out of 313
Madarsa, which were under inquiry, only
for 8 Madarsas recognition file records
were made available only for the year
2014-15 and 2015-16. The amount, which
has been paid to it, its details have been
made available.

III.
The
concerned
departmental
officer/employee in collusion with the
Manager and the Teachers of Modern
Subjects (in whose accounts the amount of
honorarium
is
being
paid),
while
committing conspiracy, fabricating and
cheating, said forged Madarsas have been
shown to be run on papers and the
Government Fund has been embezzled. The
Kendra
Puronidhanit
Madarsa
Adhunikikaran Yojna, which is being run
since about 25 years, apart from it for
misuse of the Government Fund and the
scholarship to be paid to the minority
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
981
students,
the
important
Government
Records
are
missing.
Along
with
cancellation of withdrawal of the abovenoted 219 non existing Madarsas, the
employees/officers,
who
have
granted
recognition to the total 219 Madarsas and
for
missing
of
the
records
and
embezzlement of the Government Fund, a
recommendation has been made to register
the prosecution against them. Along with it,
for
the
purpose
to
embezzle
the
Government Fund, above 219 non existing
Madarsas, which are shown to be run on
papers only, a recommendation has been
made to lodge the prosecution against the
Manager and the so called Teachers (who
have obtained honorarium in their bank
account).

IV. To end the problems of non existing
and forged Madarsas, for maintaining
various process in respect of granting
recognition and aid to the Madarsas,
Madarsa Portal was launched in the year
2017. The Madarsas were required to
upload all information on Madarsa Portal.
The hardcopy of the information after
uploading the information on its Portal,
after countersign along with stamp was to
be sent to the District Minority Welfare
Officer, so that the Madarsas could be
verified
and
after
verification,
the
information, which has been uploaded on
the Portal of the Madarsas, the same could
be approved by the District Minority
Welfare Officer. Either the non existing
Madarsas. did not upload the information
on the Portal or uploaded the part or false
information. In the Physical Verification
made by the District Minority Welfare
Officer, Azamgarh, the forged and non
existing Madarsas in a large number were
found."

7. Regarding the petitioner no.2Madarsa, following factual position has
been pleaded by the respondents as per the
S.I.T. report:-

"6. That during inquiry, with regard to
Madarsa
Asharfiya
Madintul
Banat
Mubarakpur, Azmagarh (Madarsa 1.D.
191200855), the following facts came into
the light:-

I. On 22.06.2011, the Madarsa has
been granted recognition at the level of
'Aliya'.

II. The Madarsa on its Portal had
shown 3 rooms of Tahtaniya level of 300
Square Feet, 3 rooms of Fauquania of 300
Square Feet, 3 rooms of 300 Square Feet, 1
Principal Room of 150 Square Feet, 1
Library of 150 Square Feet and 1 Office
Room of 150 Square Feet, while in the spot
inspection, Madarsa has not been found to
be run, The Madarsa is non existing.

III. The Madarsa on Madarsa Portal
had shown 130 students of Tahtaniya Level,
92 students of Fauquania Level and 32
students of Aliya, while on the spot, it could
not be verified. The Madarsa is non
existing.

IV. Under the Modernization Staff on
Madarsa Portal by the Madarsa, three
names of Modern Teachers have been given
i.e Kahkasha Parveen, Shah Faisal and
Subi Parveeen. The details of payment
chart is as under:-

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982 INDIAN LAW REPORTS ALLAHABAD SERIES
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V. The Madarsa after taking the
printout of the uploaded information from
the Portal of Madarsa, the Manager of the
Madarsa did not make available to the
District Minority Welfare Officer after
singed and stamped.

VI . The Madarsa has not been locked
by the District Minority Welfare Officer on
its portal and along with it, the District
Minority Welfare Officer did not make
available the file record of recognition.

VII.
On
inspection,
above-noted
Madarsa has been found to be non existing.
File-record relating to the recognition of
Madarsa was also not made available by
the District Minority Welfare Officer,
Azamgarh. The Manager of the Madarsa
has uploaded the false information on the
Madarsa Portal However, as provided
under the UP. Board of Madarsa Education
Act and rule thereunder, the petitioners
violated the conditions relating to building,
number of students and other conditions
relating to all recognition. Against this non
existing Madarsa, the Minority Welfare
Department, while 7 proceeding in the
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
983
matter as per rules At shall be appropriate
to withdraw recognition granted to it.

VIII. The District Minority Welfare
Officer, Azamgarh under the Kendra
Puronidhanit
Madarsa
Adhunikikaran
Madarsa Yojna, has made available the
amount to the Madarsas, as per the
information, for the various periods of
2014-15 and 2015- 16. Under the Kendra
Puronidhanit
Madarsa
Adhunikikaran
Madarsa Yojna, for 2016-17, Rs.3,06,000/-
has been paid as honorarium to the
teachers of Modern Subjects i.e. Kahkasha
Parveen, Mohd. Shah Faizal and Shubi
Parveen in the Bank Accounts. It has been
approved by the then District Minority
Welfare Officer, Sri Lalman. Regarding this
non existing Madarsa, the Manager,
Ahmadullah in collusion with the then
District Minority Welfare Officer, Sri
Lalman and the Modemization Teachers,
Kahkaasha Parveen, Mohd. Shah Faizal
and
Shubi
Parveen,
embezzled
the
Government Aid."

8. It has further been pleaded that in
view of the above report, decision to take
criminal action against the erring persons
has been taken and an identical challenge
was made by certain teachers of some
Madarsa by filing CRIMINAL MISC.
WRIT PETITION NO.1131 of 2023 (SMT.
NESHAT FATMA DAUDI AND OTHERS
V. STATE OF U.P. THRU. ADDL. CHIEF
SECY. HOME LKO. And OTHERS)
before this Court which was dismissed by a
Division
Bench
vide
order
dated
09.02.2023. Regarding alleged ex-parte
proceedings, reliance has been placed upon
Statement of Objects and Reasons of the
Act, 2004 as well as various powers
conferred upon the State Government
including power under Section 13 of the
Act, 2004. It has also been pleaded that the
petitioners participated in the enquiry
proceedings but the Manager did not make
available relevant records nor were details
found uploaded during the course of Portal
examination
and
also
during
spot
inspection and overall situation reveals that
the Madarsa was non-existent.

REJOINDER AFFIDAVIT

9. The petitioners' rejoinder affidavit
reiterates their stand regarding proceedings
being ex-parte with a further statement that
in the year 2016, an Inspection Committee
headed
by
Block
Education
Officer,
Azamgarh was constituted which carried
out spot inspection and certified the
existence of Madarsa in question and, only
thereafter, the salaries of petitioner nos. 3, 4
and 5 (teachers) were released. Reliance
has been placed upon an Inspection Memo
dated 20.07.2016, a copy whereof is said to
have been served upon petitioners under
the R.T.I. Act under the signatures of
District
Minority
Welfare
Officer,
Azamgarh alongwith her letter dated
13.06.2023. Further reliance has been
placed upon two interim orders dated
11.04.2023 and 19.05.2023, respectively
passed in Application U/S 482 Cr.P.C.
No.3380 of 2023 (Jawed Aslam v. State of
U.P. Thru. Prin. Secy. Home U.P. Lok
Bhawan
Lko.
And
4
others)
and
Application U/S 482 Cr.P.C. No.4891 of
2023 (Lalman v. State of U.P. Thru. Prin.
Secy. Addl. Chief Secy. Deptt. of Home
and others), whereby a Co-ordinate Bench
of this Court has stayed the effect and
operation of the S.I.T. report as well as
further proceedings in relation to the
concerned applicants.

10. I have heard Shri Anoop Trivedi,
learned Senior Advocate assisted by Shri
Ami Tandon on behalf of the petitioners
and Shri Manish Goyal, learned Additional
984 INDIAN LAW REPORTS ALLAHABAD SERIES
Advocate General alongwith Shri I.P.
Srivastava,
learned
Additional
Chief
Standing Counsel on behalf of the Staterespondents.

11. During the course of arguments,
this Court had taken on record a copy of
letter dated 25.08.2017 alongwith its
enclosures
issued
by
the
District
Magistrate,
Azamgarh
to
various
Authorities which was placed before the
Court by the petitioners and arguments on
the same were also heard. This fact is also
noted in the order dated 21.08.2023 while
reserving the judgment.

CONTENTION OF PETITIONERS

12. Most of the contentions raised on
behalf of the petitioners have already been
noted in this judgement while referring to
the pleadings and, hence, need not to be
repeated. In sum and substance, the
submission is that though the Madarsa was
rightfully established and recognized in the
year 2011 and has been closed down in the
year 2017, any action taken or proposed to
be taken against the Madarsa or its
authorities or teachers, pursuant to the exparte report of S.I.T. is invalid and, hence,
not only the S.I.T. report but also the
consequential Resolution dated 19.12.2022
and its approval under the order dated
09.01.2023 is invalid and unsustainable.
The argument is that S.I.T. has never
allowed the petitioners to participate in the
enquiry and spot inspection was never
carried out but the decision has been taken
only on the basis of portal information.
Further argument is that spot inspection
was once carried out in 2016 (vide
Annexure RA-1 to the rejoinder affidavit)
where the petitioner-Madarsa was found to
be functional and, hence, the ground taken
in the impugned Resolution that in 20142015
and
2015-2016,
the
petitionerMadarsa was not functional and financial
aid provided by the State Government was
obtained by manipulation is factually
incorrect, and even the said spot inspection
report dated 20.07.2016 has not been taken
into consideration by the S.I.T.

CONTENTION OF RESPONDENTS

13. Per contra, it has been argued on
behalf of the respondents that S.I.T.
conducted thorough investigation, both
based on portal information and spot
inspection and found Madarsa as nonexistent and that the impugned Resolution
dated 19.12.2022 has been passed in the
meeting held by the State Government
under the Chairmanship of Chief Secretary,
Ministry
of
Home
Affairs,
U.P.
Government, in which, apart from him,
Additional Chief Secretary of Minority
Welfare and Waqf Department, U.P.,
Government and Director General of
Police, U.P. Lucknow were also present and
signed the minutes and decision of
authorities of such high level cannot be
lightly challenged.

14. So far as the interim orders passed
in the Applications U/S 482 Cr.P.C.
Nos.3380 of 2023 and 4891 of 2023 are
concerned, it has been argued that they
were passed when the criminal action was
being taken against Registrar of the
Madarsa Board and another Official and,
taking note of the interim order dated
19.04.2023, passed by this Court in the
present Writ
C
No.11005 of
2023,
Resolution dated 19.12.2022 and the S.I.T.
report dated 30.11.2022 as well as further
consequential proceedings, insofar as the
same related to the applicants of the said
applications were stayed. It has further
been argued that the stay order passed in
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
985
aforesaid applications under Section 482
Cr.P.C. would be of no avail as the
challenge made to the S.I.T. report dated
30.11.2022 as well as impugned decision
dated 09.01.2023 taken by the Government
approving the Resolution dated 19.12.2022
has already been turned down by the
Division Bench of this Court in the order
dated 09.02.2023 passed in the Criminal
Misc. Writ Petition No.1131 of 2023.
Relevant portions of the S.I.T. report and
conclusion drawn by the S.I.T. during the
investigation and also the Resolution dated
19.12.2022 were pressed with vehemence
on behalf of the State and, as regards the
pleadings contained on record, it was also
argued that once specific details in relation
to the non-existence of the petitionerMadarsa were spelt out in various subparagraphs of 'paragraph 6' of the counter
affidavit, the same have not been denied in
the rejoinder affidavit and, only this much
has been stated in 'paragraph 10' of the
rejoinder
affidavit
that
contents
of
'paragraphs 6 (I), (II), (III) and (IV) of the
counter affidavit are matter of record and
need no reply.

15. The submission is that Division
Bench final order dated 09.02.2023 shall
prevail over interim orders passed by the
learned Single Judge in Applications U/S
482 Cr.P.C. Nos.3380 of 2023 and 4891 of
2023 and, even otherwise, the interim
orders were only in relation to the Officials
of the Madarsa Board and have no concern
with the petitioners and were passed
without taking into considerstion the order
dated 09.02.2023.

16. With regard to the power of the
State Government to take action, reliance
has been placed on Section 13 of the Act,
2004 and it has also been argued that the
writ petition is premature as, till today,
neither the recognition granted to the
petitioner-Madarsa has been withdrawn nor
cancelled nor has any criminal action been
taken against the petitioners and, further,
the report of S.I.T., even otherwise, cannot
be quashed in writ jurisdiction.

17. Rival contentions shall be dealt
with by this Court after the factual matrix
of connected Writ C No.5992 of 2023 (C/M
Madarasa Islamiya And 12 Others v. State
Of U.P. And 5 Others) is discussed.

WRIT-C No. 5992 of 2023
THE CHALLENGE

18. This writ petition has been filed
by the Committee of Management of 13
Madarsas and prayers made therein are
more or less identical to the prayers made
in Writ-C No.11005 of 2023 except that
there is no challenge to the S.I.T. report.

FACTS OF THE CASE

19. In this writ petition, reliance has
been placed upon various documents to
establish that in the years 2008, 2009,
2010, due recognition was granted to the
Madarsas, teachers were appointed and
were paid honorarium with the aid of State
Government, and the case is that in an
arbitrary manner and without providing any
opportunity to the petitioners, impugned
Resolution dated 19.12.2022 was passed
and approved by the State Government on
09.01.2023.

COUNTER AFFIDAVIT

20. A counter affidavit has been filed
which has been sworn by the Additional
Superintendent of Police, State S.I.T., U.P.,
Lucknow, in which, validity of proceedings
986 INDIAN LAW REPORTS ALLAHABAD SERIES
undertaken by the S.I.T. has been pleaded
with reference to the steps taken in respect
of various Madarsas and pleadings, as they
are, are reproduced below:-

"7. That during inquiry with regard to
Madarsa Islamiya Niswas Samaisa Pawai,
Azamgarh following facts came to light:-

I . That on 08.09.2008, said Madarsa
was given temporary recognition by the
then District Minority Welfare Officer,
Azamgarh, Sri Prabhat Kumar along with
Clerk, Waqf Om Prakash Pandey and Waqf
Inspector Munnar Ram.

II. That on Madarsa Portal 3 rooms of
300 Square Feet of Tahtaniya Level and
105 students of Tahtaniya Level were
shown and after receiving printout of
uploaded information by Madarsa the team
of
District
Minority
Welfare
Officer,
Azamgarh inspected the Madarsa. Madarsa
was not existing, all the information was
given by the Madarsa was found to be
incorrect, in fact, no Madrasa was existing.

III. The District Minority Welfare
Officer did not lock the Madarsa on Portal
and further he did not make available the
record file of recognition.

IV. That the Manager of Madarsa
uploaded false information and did not fulfill
the requisite requirement of grant of
recognition.

V. That for this non existing Madarsa
Rs.3,45,000/- was made available under the
Kendra
Puramidhannit
Madarsa
Adhunikikaran Yojna by the District Minority
Welfare Officer, Azamgarh, which was in
collusion with Manager of Madarsa and was
paid to the Adhunikikaran Teachers, Sadhna
Yadav, Sumita and Sarita in the year 2016-17
for the period of 2014-15 and 2015-16 and
thus embezzled the Government Fund.

8. That during the inquiry, the inquiry
with regard to Madarsa Modern Public
School, Takiya Gulam Ali Shah Samisa,
Pawai Azmagarh following facts came to
light:-

I. That on 22.01.2009, the said
Madarsa was given temporary recognition
by the then District Minority Welfare
Officer, Azamgarh, Sri Prabhat Kumar,
Waqf Clerk, Om Prakash Pandey and Waqf
Inspector, Munnar Ram.

II. That on Madarsa Portal 3 rooms of
300 Square feet was shown for Fauquaniya
level whereas on spot 3 rooms of 200
square feet as school is running beside
which Madarsa was said to have been
running. For the running of Madarsa at
Fauquaniya Level requirement of 6 rooms
and 2 office room is necessary. Madarsa
was found non existing.

III. That on Portal Zero student of
Tahtaniya level and 115 students of
FAuquaniya Level was shown but on
inspection, it was not found and Madarsa
was non existent.

IV. That in the name of Madarsa
Public School was running, which showed
that there was no Madarsa in existence.

V. That after getting printout of
uploaded information, the District Minority
Welfare Officer and his team inspected the
Madarsa, but he did not lock the Madarsa
on Portal and further he did not make
available the file record of recognition of
Madarsa.

VI. That the Madarsa was not existing,
the Manager uploaded wrong information
on Madarsa Potal.
VII. That for this non existent Madarsa,
Rs.56,000/- was made available under the
Kendra
Puronidhanit
Madarsa
Adhunikikaran Yojna by
the
District
Minority Welfare Officer, Azamgarh, which
was in collusion with Manager Raunak and
was paid to the Adhunikikaran teacher
Vinod Kumar Yadav Motilal and Sangita in
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
987
the year 2016-17 for the period fo 2014-15
and 2015-16 and thus embezzled the
Government Fund

9. That during inquiry with regard to
Madarsa Islamiya Imam Ali Razzakpur,
Pawai, Azamgarh, following facts came
into light:-

I. The said Madarsa was recognized
on 26.06.2009 at Fauquaniya level and on
the Madarsa Portal 3 rooms 300 square
meters was shown at Fauquaniya level, but
on inspection there was no Madarsa
instead one resident house was found under
one Tin Shade. There was one car and 2
small rooms were found. No display Board
was found. It was also said that 2
recognized Madarsa was running therein
one house. This Madarsa was not existing.

II. That on Portal zero student of
Tahtaniya Level and 102 students of
Fauquaniya level was shown by it, was not
verified on spot and the Madarsa was
found non existent. After inspection the
District Minority Welfare Officer did not
lock the Madarsa on Portal.

III. That Rs.66,000/- was paid to the
teachers namely, Tabassum, Mohd. Wasim
and Shahanwaz Alam in collusion with
District Minority Welfare Officer, Lalman
Manager Kamaruddin, hence there was
embezzlement of Government Fund found.

10. That during inquiry with regard to
sMadarsa Amina
Nishwan
Razzakpur,
Pawai, Azamgarh following facts came to
light:-

I. That on 08.09.2008, the said
Madarsa
was
accorded
temporary
recognition at Tahtaniya Level. On the
Madarsa Portal, 3 rooms of 300 Square
Feet of Tahtaniya Level was shown but on
spot inspection no Madarsa was found.
One residence was shown where a four
wheeler was standing there in the garage. 2
small rooms were found. There was no
display board on Madarsa.

II. That 150 students of Tahtaniya
Level was shown on Portal, but on spot
inspection no Madarsa with 150 students
was found. The Madarsa was not existing.

III. That no record file of recognition
was made available by the District
Minority Welfare Officer and the Manager
Kamaluddin
had
uploaded
wrong
information on the Portal.

IV.
That
Rs.66,000/-
was
made
available to the Madarsa in connivance
with Manager by the District Minority
Welfare Officer, Azamgarh under Kendra
Puronidhanit
Madarsa
Adhunikikaran
Yojna, which was paid to teachers Amina
Khatoon, Sushma and Tarul. Thus, for non
existing Madarsa, Government Fund was
embezzled by the Manager Kamaluddin,
Teachers and District Minority Welfare
Officer, Azamgarh.

11. That during the enquiry with
regard to Madarsa Ashrafiya Niswan
Mahul, Azamgarh following facts came into
light:-

I. That the said Madarsa was given
temporary recognition at Tahtaniya Level
on 8th September, 2008. At Madarsa Portal
3 rooms of 300 Square Feet, one Principal
room of 150 Square Feet one Office room
of 150 Square Feet were shown. whereas,
on spot there was no Madarsa running and
the Madarsa was not existing.

II. That 130 students of Tahtaniya
Level was shown on the Madarsa Portal,
but on inspection, no student was found.
The Madarsa was not existing.

III. That no printout of information on
Portalwas handed over to the District
Minority Welfare Officer, Azamgarh by the
Manager Ahtsham Ahmad Khan. The
District
Minority
Welfare
Officer,
Azamgarh did not lock on Portal and
988 INDIAN LAW REPORTS ALLAHABAD SERIES
record of recognition was also made
available.
IV. That the Manager thus uploaded wrong
information on the Madarsa Portal and in
collusion with District Minority Welfare
Officer
under
Kendra
Puronidhanit
Madarsa Adhunikikaran Yojna in 2016-17
year for the year 2014-15 and 2015-16
receives Rs.66,000/- and paid in the Bank
Account of teachers Shabana Bano, Alsha
bano and Nahid Fatma. Thus, the Manager
Ahtsham Ahmad Khan, District Minority
Welfare Officer, Azamgarh, Sri Lalman and
above- noted teachers embezzled the
Government Fund.

12. That during the enquiry with
regard to Madarsa Noor Islam Shikshan
Sansthan, Khalispur, Azamgarh, following
facts came into light:-

I. That said Madarsa was given
temporary recognition of Tahtaniya Level
as on the Madarsa Portal 3 rooms of 300
Square Feet, I office room of 150 Square
Feet were shown but on the spot a public
school was running. From the statement of
nearby public there was no Madarsa was
running, but a school other than Madarsa
was running. On the spot, Dr. Ambedkar
Public School was running in short VAHSS
was written. The Madarsa was not
existing.s

II. That on Madarsa Portal wrongfully
134 students of Tahtaniya Level was shown,
but on spot Public School was running and
Madarsa was not existing.

III. That by the District Minority
Welfare Officer, District- Azamgarh in
collusion with Manager, who uploaded
wrong information on the Madarsa Portal
Rs.80,000/- was paid to Madarsa for
Kendra
Puronidhanit
Madarsa
Adhunikikaran Yojna in the year 2016-17
for the year 2014-15 and 2015-16 and was
paid in the Bank Account of Teacher of non
existing Madarsa Nirmala Kumar, Vimla
Devi and Ram Samujh Yadav. Thus,
embezzlement of Government Fund is
proved.

13. That during the enquiry with
regard
to
Madarsa
Ashfaq
Ullah,
Dhankatiya, Azamgarh following facts
came into light:-

I. That the said Madarsa was given
temporary recognition of Tahtaniya Level
and on the Madarsa Portal 3 rooms of 300
Square Feet was shown, but on spot Public
School was running. The Madaras was not
existing.

II. That on the Madarsa Portal 133
students of Tahtaniya Level was shown but
on spot Public School was running. The
Madarsa was not existing.

III. That on the Madarsa Portal, the
District
Minority
Welfare
Officer,
Azamgarh
did
not
lock
and
for
Adhunikikarn Staff, who were shown on
Madarsa Portal, Rs.55,000/- was paid in
the Bank Account of teachers Sanjay
Kumar, Vimla Devi and Rajesh Kumar
Maurya. The Madarsa was not existing and
thus the Manager Alim Ali in collusion with
District Minority Welfare Officer, Lalman
along
with
Adhunikikaran
Teachers
embezzled the Government Fund in the
year 2016-17 for the years 2014-15 and
2015-16.

14. That during the enquiry with
regard to Madarsa Kair Saheb, Ibrahimpur,
Sathiyaon, Azamgarh, following facts came
to light:-

I. That on 10.06.2008, the said
Madarsa was given temporary recognition
at Tahtaniya Level.

II. That on the Madarsa Portal, 3
rooms of 300 Square Feet and 127 students
of Tahtaniya Level were found at the given
address. The Madarsa is not existing.
9 All. Anjuman Siddiquia Jamia Noorul Oloom Munshipur, Mubarakpur Azamgarh & Ors. Vs.
 State of U.P. & Ors.
989

III. That neither the Madarsa was
locked on Portal nor recognition paper was
made available by the District Minority
Welfare Officer, Azamgarh.

IV. That the Manager Alim Ali in
collusion with District Minority Welfare
Officer, Azamgarh, Sri Lalman got payment
of Rs.4,43,000/- in the year 2016-17 for the
year 2014-15 and 2016-16 in the name of
Kendra
Puronidhaunit
Madarsa
Adhunikikaran Yojna and was paid in the
Bank Account of non existing Madarsa
Teachers Suman Lal, Ranjana Yadav,
Parwati Devi and Reema Bharti and thus
embezzled the Government Fund.

15. That during the enquiry with
regard to Madarsa Noor Islam Niswan
Shikshan Sansthan, Khalispur, Azamgarh,
following facts came into light:-

I. That on 26.09.2009, the said
Madarsa
was
granted
temporary
recognition at Fauquaniya Level. On the
Madarsa Portal, 3 rooms of 300 Square
Feet 1 room of 150 Square Feet were
shown at Fauquaniya Level, whereas on
spot a Public School was running. From
the statements of people of locality it was
informed that VAHSS named school in
running. There was no Madarsa and
Madarasa was nonexistent.

II. That it was stated by the
Management persons that 2 Madarsas were
running. On Madarsa Portal Zero student
of Tahtaniya Level and 97 students of
Fauquaniya Level were shown whereas on
spot inspection, Public School was running.
The Madarsa was not existing.

III. That on Madarsa Portal under the
head of Adhunikikaran Staff 3 teachers
namely Shailesh Kumar, Ravindra Kumar
and Amina Khatoon were shown and
Rs.1,68,000/- was paid under Kendra
Puronidhanit
Madarsa
Adhunikikaran
Yojna for the non existing Madarsa with
connivance of Manager Mozibul Gaffar
with District Minority Welfare Officer,
Azamgarh Sri Lalman and the said
teachers. The Government Fund was
embezzled.

IV. The Madarsa was also not locked
on Portal of the District Minority Welfare
Officer, nor recognition record file was
made available.

16. That during the enquiry with
regard to Madarsa Ashfaq Ullah Niswan
Shikshan Sansthan, Bahkaliya, Azamgarh
following facts came to light:-

I. That the said Madarsa was granted
temporary recognition of Fauquaniya Level
and on the Madarsa Portal 3 rooms of 300
Square Feet and 100 students of Tahtaniya
Level and 85 students of Fauquaniya Level
were seen.

II. That on the spot no Madarsa was
found from the statement of people locality
an English Medium school was running
and no Madarsa was existing.

III.
That
under
the
head
of
Adhunikikaran Staff names of 3 teachers
were shown on the Portal i.e.