HC quashes order removing Madarsa Darul Uloom principal

While quashing an order passed by the then special secretary, UP government, which was allegedly passed at the diktat of an MLA and a minister in the earlier state government, the Allahabad high court observed it was deplorable that the representatives of public compelled the public servant to pass illegal orders and the public servant complied with their illegal dictates without any demur.

Allowing a writ petition filed by one Basharat Ullah, Justice Siddharth quashed the order passed by the special secretary, UP government, dated September 8, 2021 by which the petitioner was removed from the post of principal of Madarsa Darul Uloom in Basti district. The court directed that the petitioner be reinstated forthwith and his arrears of salary be paid to him within six weeks.

The petitioner was appointed to the post of principal in 2019 at Madarsa Darul Uloom Ahle Sunnat Badrul Uloom in Basti district, which is under grant-in-aid list of the state government. Prior to it, he had worked as an assistant teacher at the Darul Uloom Ahle Sunnat Madrasa in Gonda for five years. Based on his experience, he was appointed to the post of principal in the said madarsa.

Subsequently, a complaint was made against his appointment and the state government directed an inquiry into the allegations. A local MLA sent a letter to the chief minister alleging that the conditional order of approval of appointment of the petitioner dated July 23, 2020 was against the rules and should be cancelled.

Pursuant to this, the special secretary, UP government, cancelled the approved appointment of the petitioner. The petitioner challenged this order in the high court contending that his appointment was cancelled without holding an inquiry and proving the allegations against him before the inquiry officer by leading reliable evidence. It was submitted that the order cancelling his appointment was absolutely arbitrary allegedly passed on the dictates of an MLA.

Against this backdrop, after hearing the rival contentions, the court noted that only the complaint made by Sanjay Pratap Jaiswal, a local MLA, and Swami Prasad Maurya, the then minister of labour and employment in U.P., was considered by the special secretary and thereafter a decision was taken to cancel the approval of appointment of the petitioner.

“The illegality in the conduct of the respondents is apparent from the material on record. The orders under challenge have been passed in gross violation of Article 14 of the Constitution of India (right to equality) and are hereby quashed,” the court said.