Allahabad High Court Warns UP Secretary Of Contempt Action If Mau Madrasa Not Added To Grant-In-Aid List Within A Month

The Allahabad High Court has warned Sanyukta Samaddar, Principal Secretary, Minority Welfare and Waqf, UP Government that she will have to appear for framing of contempt charges if the State fails to comply with HC's 2020 direction to include a madrasa in Mau district in the grant-in-aid list within a month.

A bench of Justice Piyush Agrawal was hearing a contempt application alleging non-compliance with the High Court's November 25, 2020 order wherein the state government was directed to include Madrasa Islamia Safinatul Hedaya, situated in Meerpur Rahimabad, Mau, in the grant-in-aid list with effect from April 1, 2021.

The Court noted that despite the order having travelled up to the Supreme Court, where the State failed to secure any relief, it had not been complied with.

"The record further shows that on the last two occasions, similar plea has been taken but no material has been brought on record to show that any sincere effort has been made by the Contemnor for compliance of the order passed by this Court", the Court observed.

As per the order, the Court was about to draw contempt proceedings against the officer when the State's counsel sought further time to comply with the writ court's order.

Additional Advocate General Manish Goyal, on instructions received from the officer present in Court, gave a categorical statement that the order would be complied with within one month.

"In view of the categorical statement made by Mr. Manish Goyal, learned A.A.G., the matter is adjourned," the Court said.

The Court directed that the matter be listed on November 16. It made clear that if an affidavit of compliance is not filed by then, the officer will have to remain present for framing of charges.

During the hearing, the State sought further 1 month time on the ground that the matter had to be placed before the Cabinet for approval.

The State's affidavit stated that the policy for inclusion of madrasas in the grant-in-aid list had been abolished through a Government Order dated May 30, 2022, after approval of the Council of Ministers.

It was argued that, in the absence of an existing policy, Cabinet approval would be necessary to include any madrasa in the grant-in-aid list.

The affidavit further stated that proceedings were underway to place a proposal before the Council of Ministers for inclusion of the applicant madrasa.

However, the High Court was not persuaded by this explanation. It noted that the same plea of awaiting Cabinet approval had been raised on earlier occasions and had already been rejected.

The Court also noted that in an order dated April 11, 2022, it had held that the decision of the writ court could not be made subject to consideration by the Cabinet.

"The decision of the writ Court cannot be subject-matter of consideration before the Cabinet and the mandamus issued has to be complied by officers of the State," the Court had observed.

As a last opportunity, it had then granted the State two weeks' time to comply with the direction and explain why the madrasa had not been included in the grant-in-aid list.

The Court also noted that the State had subsequently continued to rely on the proposal being placed before the Cabinet, without bringing any material on record to demonstrate compliance.

The contempt proceedings arise from a writ petition filed by the management of Madrasa Islamia Safinatul Hedaya challenging the State government's refusal to include the institution in the grant-in-aid list.

In its November  2020 order, the High Court had set aside the State government's decision rejecting the madrasa's claim. It found that the institution fulfilled the requisite qualifications and that the technical objections earlier raised against it had been removed.

The Court had held that the State could not deny the benefit of grant-in-aid on the ground of paucity of funds when the policy decision for inclusion of eligible madrasas had not been discontinued.

It had accordingly issued a mandamus directing the State to include the madrasa in the grant-in-aid list with effect from April 1, 2021.

The State challenged the decision before a Division Bench. However, the special appeal was dismissed on July 13, 2021 as the Court found no illegality in the Single Judge's judgment.

The State's subsequently filed a special leave petition before the Supreme Court, which was also dismissed on November 22, 2021.

The present contempt application was filed alleging that the State had failed to implement the direction.

The matter will next be heard on November 16.