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Thursday, 5 September 2013



Court No.19 
Civil Misc. Writ Petition No.34892 of 2004 
Committee of Management, 
Anjuman Madarsa Noorul Islam Dehra Kalan, 
Ghazipur through its Manager & others.......................Petitioners 


State of U.P. Through Secretary, 
Minority Welfare and Waqf Department, 
U.P., Lucknow and others..........................................Respondents 

Hon. S.N. Srivastava, J. 
Since I have been scheduled to sit at Lucknow Bench of this Court from 9th April, 2007, I consider it appropriate to pronounce operative part of the judgment of the writ petition. This operative part of the judgment shall be followed by the rest judgment. 

For the reasons to be detailed in the body of the judgment of the writ petition, writ petition succeeds and is allowed. The impugned order dated 17.5.2004, passed by the State of Uttar Pradesh recognising Opp. Party nos. 4 to 6 on Grant-in-Aid as religious Muslim minority institutions is quashed and it is held that any institution founded by petitioners or Opp. Party nos. 4 to 6 are not entitled to be recognised for Grant-in-Aid as religious minority institutions in the State of Uttar Pradesh after applying twin criteria, i.e., population and strength of a religious community as laid down by the founding fathers of the Constitution of India as is clear from proceedings of Constituent Assembly to determine any religious community as a religious minority. The Court finds that Muslims have ceased to be a religious minority community in the State of Uttar Pradesh on consideration of the materials on record which includes various Census Reports including Census Reports of 1951 and 2001 and, therefore, directs State of Uttar Pradesh to treat any member of Muslim community equal to other non-minority religious communities without discriminating in any respect in accordance with law being an integral part of citizenry of India 

(i) A writ in the nature of mandamus is issued commanding State of Uttar Pradesh to consider Applications of petitioners and Opp. Party nos. 4 to 6 or other Applications of other institutions founded by Muslim community for recognition on Grant-in-Aid in the similarly situated manner as other non-minority institutions are being dealt with in accordance with law without any discrimination. 

(ii) A writ of mandamus is also issued to Union of India and the State of Uttar Pradesh to take appropriate steps to modify the notification dated 23.10.1993 issued by the Union of India accordingly. 

(iii) A writ of mandamus is further issued commanding the Chief Secretary, Uttar Pradesh to initiate an enquiry into the serious allegations of corruption made by petitioners in Paragraphs 9 and 10 of the Supplementary Affidavit dated 1.2.2007 filed by Zulfikar Ahmad, Manager, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur, which runs as follows:- 

"9. That to the utter surprise the respondent in collusion particularly the Secretary Sri Chandra Prakash by taking illegal gratification of Rs.5 lacs has taken certain more institutions on grant including Madarsa Khanam Zan of Varanasi and Madarsa Ahle Sunnat Ateequia Gonda. 

10. That same demand is being done in respect of Petitioners institution as well and demand of Rs. 8 lacs is being done in respect of other newly prepared 100 institutions vide G.O. Dated...whereas the consideration of Madrsa recognised in year 1996 is being harass that its case was refused on basis of delay vide order .......The copies of order cancelling the Madrsa taken on grant amongst 67 and allotment of fresh Madarsa at its place vide order dated 13.12.06 are also being annexed this affidavit along with copy of order of this High Court...." 

The enquiry shall be made for orders passed recognising the institutions for Grant-in-Aid from the year 2003 upto now. Such enquiry shall be conducted by an Officer not below the rank of Principal Secretary which shall be completed within three months' from the presentation of a certified copy of this order and further action shall be taken accordingly. 
There shall be no order as to cost. 

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