Admin Order To Take Over Madrasas Run By A Particular Trust Cannot Be Universally Applied To Other Madarsas Being Run Legitimately: J&K High Court

A bench of Justice Sanjeev Kumar observed,

“…The order passed by the Divisional Commissioner, Jammu dated 14.06.2023 is very specific and pertains only to the Madarsas being run by Maulana Ali Miyan Educational Trust, Bathindi. The Divisional Commissioner, Jammu has not passed any order in respect of other Madarsas which are being run by other Educational Charitable Trusts established for the purpose. The Additional Deputy Commissioner, Kishtwar was, thus, not correct to apply the order of the Divisional Commissioner to close down or take over the Madarsas run by the petitioners’ Trusts, unless he had in possession a substantial proof that the Madarsas of the petitioners are connected or related to the Maulana Ali Miyan Educational Trust, Bathindi”.

An order to this effect came in response to a petition filed against the order dated July 03rd 2023, where the Madrasa management was ordered to hand over possession of the buildings to the District Administration without being given a fair chance to be heard.

The petitioners assailed the impugned order on two crucial grounds. Firstly, they argued that the order passed by the Divisional Commissioner, Jammu, on June 14th 2023, only applied to Madrasas under the Maulana Ali Miyan Educational Trust, Bathindi, and not to other Madrasas run by different Educational Charitable Trusts in the district.

Secondly, the petitioners highlighted that the impugned orders violated the principles of natural justice as they were issued without granting them an opportunity to present their case or conduct any inquiry into the matter.

Justice Kumar observed that the order could not be universally applied to all Madrasas operating legitimately in the Union Territory. The Additional Deputy Commissioner was incorrect in applying the Divisional Commissioner's order to the Madrasas run by the petitioners' Trusts without any substantial proof of their connection to the Maulana Ali Miyan Educational Trust, Bathindi, the bench underscored.

Court also emphasized that the authorities should have given the petitioners an opportunity to explain their position before any such drastic action was taken.

In light of these observations, the court allowed the petition and struck down the impugned orders. It specifically held that the Divisional Commissioner's order of 14.06.2023 was limited in its application and could not be extended to Madrasas under different Educational Charitable Trusts in the region.

“It is, however, made clear that in case during any enquiry or investigation, it comes to the notice of the respondents that the Madarsas being run by the petitioners or others are operating in violation of law of land, the respondents are free to initiate appropriate action, but it is reiterated that no order adverse to the interest of the petitioners shall be passed without putting them to notice and providing them adequate opportunity of hearing”, the bench concluded.

Case Title: Raj Ali and Others Vs Union Of India & Ors

Citation: 2023 LiveLaw (JKL) 198

Click Here To Read/Download Judgment