May - High Court of Judicature at Allahabad

2All] Committee of Management V. District Minority Officer and others 59
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By the Court
1. This Special Appeal by Committee of
Management, Madarsa Dairatul Ishlah
Chiragh-E-Uloom, Rasoolpura, Varanasi is
directed against the judgment and order dated
May 15 1998 passed by the learned Single
Judge in Civil Misc. Writ petition no. 33983
of 1996 (Walliullah Versus District Minority
Welfare Officer, Varanasi and others).
Walliullah, the petitioner arrayed herein as
party respondent no. 3 approached this Court
for issue of a writ of certiorari quashing the
appointment of Mohd. Sabir Ansari, party
respondent no. 4, to the post of Principal,
Madarsa Dairatul Ishlah Chiragh-E-Uloom,
Rasoolpura, Varanasi inter alias on the ground
that though he was duly appointed to the post
of Principal vide appointment letter dated
29.06.1994 which was approved by the
District Basic Shiksha Adhikari, Varanasi on
02.08.1995 yet the post was later on
readvertised pursuant which the fourth
respondent Mohd. Sabir Ansari was selected
and appointed as principal of the institution.
The petition was opposed by the appellant,
Comm. of Management as well as the fourth
respondent Mohd. Sabir Ansari, inter alias on
the ground that the petitioner Walliullah was
simply authorised to work as officiating
principal being the senior most teacher of the
institution and was never duly appointed tot
he post of principal. The learned Single Judge
being of the opinion that the petition involved
the disputed questions of fact, disposed it of
with the direction tot he Director Minority
Welfare to examine the matter on a
representation being submitted by the
petitioner and dispose of the same by a
reasoned order after affording opportunity tot
he concerned parties.
2. The judgment of the learned Single
Judge has been assailed by Shri R.N. Singh
learned Senior Advocate appearing for the
appellant basically on two grounds, firstly,
that the direction issued by the learned Single
Judge is tantamount to creating an adjudicator
forum which being a legislative function
ought not to be exercised by the courts;
secondly that the institution being a minority
institution the direction given by the learned
Single Judge conferring adjudicator power
upon Director Minority welfare would violate
Article 30 (1) of the Constitution. Shri Ashok
Khare learned counsel appearing for the
petitioner respondent Walliullah urged that by