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Smt.Kusum Lata Bajpai & Ors v. The Secretary,Education Deptt U.P.Lucknow & Ors. - WRIT - A No. 42566 of 2001 [2004] RD-AH 593 (19 August 2004)


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Court No. 6

Civil Misc. Writ Petition No. 42566 of 2001.

Smt. Kusum Lata Bajpai and others.................... Petitioners.


The Secretary Education Department,

U.P. Lucknow and others..................................Respondents.


Hon'ble R.B. Misra, J.

Heard Sri Shrawan Dwivedi, learned Counsel for the petitioners, and Sri Sandeep Mukherjee, learned Standing Counsel for the State respondents.

In this petition prayer has been made for quashing the order dated 26.08.1996 (Annexure-4 to the writ petition) passed by the Secretary, Minority Welfare Department declaring Smt. Anwari Begum Higher Secondary School, Chhibramau, District Kannauj as a minority institution.

According to the petitioners, they are working as Assistant Teachers in Smt. Anwari Begum Higher Secondary School, Chhibramau, District Kannauj (hereinafter in short called as ''School') and have challenged the aforesaid order declaring the said School as a minority institution on the ground that there has been no aim or object prescribed in the memorandum of the society while establishing the school, as the said school was established only in the interest and welfare of minority community and for imparting education to the students belonging to minority community and without making any inquiry and fulfilling necessary formalities declaring the said school as a minority institution is illegal and without any jurisdiction.

On behalf of committee of management it has been indicated that the said ''School' was an unaided Junior High School in the year 1975-76 and upgraded upto High School in the year 1985-86, however, no financial assistance was given by the Government and still it is a recognized and aided High School and the provisions of U.P. Intermediate Education Act,1921 and other relevant provisions of rules framed by the State Government are applicable for the said school. The main aim and object to establish the said school was to impart education to the girls at large and also to encourage uneducated and poor girls living in the remote area with very poor background including Muslims. The school was established with the funds managed by the husband of Smt. Anis Jamil, the Manager of the school, and the scheme of administration of the school was amended from time to time and finally in the interest of school the committee of management resolved to seek protection under Section 16 (FF) of the U.P. Intermediate Education Act, 1921 as well as provisions of Article 30 of the Constitution. Since more than 90 members of the committee of management of the said school belong to minority community, however, in respect of appointment no discrimination has been made on the ground of religion. The teachers belong to the different community and the school after fulfilling the requisite requirements approached to the State Government and the State Government after taking into consideration the criteria of declaring the said school as a minority institution has rightly declared the school as minority institution. The petitioners have no locus standi to challenge the same, as for the same cause earlier a Writ Petition No. 33391 of 1996 was filed, which was dismissed and for challenging the same order dated 26.08.1996 by way of present writ petition, the present writ petition is liable to be dismissed in view of the provisions of Chapter XXII Rule 7 of the Allahabad High Court Rules,1952, more so when the earlier writ petition was got dismissed as withdrawn without taking afresh liberty to file another writ petition.

In the counter affidavit filed on behalf of the State Government the stand taken by the committee of management has been supported.

I have heard learned Counsels for the parties. I find that the petitioners could not place any material to demonstrate their claim and to make any interference in the policy decisions of the State Government, as the State Government on the apprehension of the committee of management has rightly declared the said school as minority institution. In view of the above observations, there is no merit in the claim of the petitioners, therefore, the writ petition is dismissed.




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