India News | HC Quashes Order on Removal of Madrassa Principal

Allahabad (UP), Jun 11 (PTI) The Allahabad High Court has quashed an Uttar Pradesh government order removing a principal of a madrassa in Basti district after an MLA and a minister complained against his appointment.

The high court said it is deplorable that the representatives of the public compel the public se rvant to pass illegal orders and the public servant complies with their illegal diktat without any demur.

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Allowing a petition filed by Basharat Ullah, Justice Siddharth quashed the order passed by Special Secretary of the UP Government dated September 8, 2021, by which the petitioner was removed from the post of principal at Madarsa Darul Uloom Ahle Sunnat Badrool Uloom.

The court directed that the petitioner be reinstated in service forthwith and his arrears of salary be paid to him within six weeks.

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The petitioner was appointed to the post in 2019 at the madrassa which is under the grant-in-aid list of the state government.

He had worked as an assistant teacher at the Darul Uloom Ahle Sunnat Madrasa in Gonda for five years.

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 of the state alleging that the conditional order of approval of the appointment was against the rules and should be cancelled.

Pursuant to this letter, the Special Secretary, UP government cancelled the approved appointment of the petitioner.

The petitioner challenged this order before the high court contending that his appointment was cancelled without holding an inquiry. It alleged that the action was absolutely arbitrary and has been passed on the diktat of an MLA.

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 UP, was considered by the special secretary and thereafter a decision was taken to cancel the appointment of the petitioner.

In its judgement, the court observed, “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 above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)