Appointment of Teachers in Madrasas : Only as per Government regulations, contrary Advertisement quashed.

Allahabad High Court Quashes Illegal Madarsa Teacher Recruitment Advertisement. Court rules recruitment advertisement violated government policies and Supreme Court directives, impacting the legality of appointments.

In a significant judgment, the Allahabad High Court has quashed an advertisement issued for the recruitment of teachers in Madarsa Arabiya Shamshul Uloom Sikariganj, Gorakhpur. The advertisement, published on April 29, 2025, sought to fill five Assistant Teacher Tahtaniya positions and one Clerk position. The court found that the advertisement was issued in violation of government policy and Supreme Court directives concerning teacher qualifications in madarsas.

The court's decision, delivered by Justice Mrs. Manju Rani Chauhan, underscores the importance of adhering to established government guidelines and judicial directions. The judgment emphasized that the right of minorities to establish and administer educational institutions under Article 30(1) of the Constitution does not exempt them from reasonable regulations aimed at ensuring educational standards.

The case arose when the Committee of Management of Madarsa Arabiya Shamshul Uloom Sikariganj challenged the advertisement, arguing that it was issued by a non-member of the society and contravened a government order dated May 20, 2025, which suspended fresh appointments in madarsas pending the finalization of teacher qualification standards. The court agreed with the petitioners, noting that the advertisement was indeed contrary to the government policy and lacked legal validity.

Furthermore, the court highlighted that any appointments made pursuant to the illegal advertisement hold no legal standing. It reiterated that judicial review of governmental policy is limited to assessing fairness, reasonableness, and procedural compliance, not the correctness or suitability of the policy itself.

The court's ruling also referenced several Supreme Court judgments, reinforcing the principle that the judiciary should not interfere with the executive's domain in policy-making unless there is a clear violation of constitutional or statutory provisions.

The decision has significant implications for madarsa managements across Uttar Pradesh, emphasizing the need for compliance with government and judicial directives in recruitment processes. The judgment also serves as a reminder of the judiciary's role in upholding the rule of law while respecting the separation of powers between the executive and the judiciary.

Bottom Line:

Advertisement issued for appointments in madarsas without adhering to government policy and directions of the Supreme Court regarding teacher qualifications is illegal and liable to be quashed.

Statutory provision(s): Article 30(1) of the Constitution of India, Government Order dated May 20, 2025, various Supreme Court judgments (P.U. Joshi v. Accountant General, Ahmedabad, Chandigarh Administration v. Usha Kheterpal Waie, Fertilizer Corporation Kamgar Union v. Union of India, Directorate of Film Festivals v. Gaurav Ashwin Jain).

Committee of Management v. State of U.P., (Allahabad) : Law Finder Doc Id # 2796121