Md. Ameer Hamza, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4573 of 2021 ====================================================== Md. Ameer Hamza, Son of Late Md. Daud Ansari @ Md. Daud Hussain, Resident of Village-Chikoni P.O.-Bhithha Bazar, P.S.-Sursand, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Sitamarhi, DistrictSitamarhi. 2.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

3.

The Chairman of Bihar State Madarsa Education Board, Patna. 4.

The Secretary of Bihar State Madarsa Education Board, Patna. 5.

The District Education Officer, Sitamarhi.

6.

The Managing Committee of Madarsa Ishhul Banara, Madarsa No. 609/188, Situated at Village-Chikani, P.O.-Bhithha Bazar, P.S.-Sursand, DistrictSitamarhi. 7.

The Principal Madarsa No.609/188 Situated at Village-Chikani, P.O.- Bhithha Bazar, P.S.-Sursand, District-Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Ms. Shilpa Singh, GA-12 Ms. Abhanjalli, A.C. to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-04-2021 The present petition has been taken up for consideration through the mode of Video conferencing on account of COVID 19 Pandemic, requiring social distancing. Heard the learned counsel for the petitioner, the learned counsel for the Madarsa Board and Ms. Shilpa Singh, GA-12 assisted by Ms. Abhanjalli, Advocate for the State. The present writ petition has been filed for directing the respondent- Madrasa Board to appoint the petitioner on suitable post on compassionate ground in view of

Patna High Court CWJC No.4573 of 2021(2) dt.15-04-2021 2/2 the fact that his father, who was working as a teacher in Madarsa No. 609/188, situated at village Chikani P.O. Bethaha Bazar, P.S. Sursand, District Sitamarhi, has died in harness on 01.01.2018. At the outset, the learned counsel for the petitioner submits that the petitioner would be approaching the respondent no.4 i.e. the Secretary, Bihar State Madarsa Education Board, Patna by filing appropriate representation afresh and the respondent no. 4 be directed to consider the case of the petitioner for appointment on compassionate ground, taking into account the office order contained in Memo dated 17.08.2019, issued by the Bihar State Madarsa Education Board.

Accordingly, the present petition stands disposed of with liberty to the petitioner to approach the respondent no. 4 by filing appropriate representation within a period of eight weeks from today, whereupon the respondent no. 4 shall consider the case of the petitioner for appointment on compassionate ground and pass a reasoned and a speaking order within a period of twelve weeks therefrom, in accordance with law.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U