Ataur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1126 of 2022 ====================================================== Ataur Rahman Son of Late Abdul Gaffar, resident of Village and P.O. - Mustafabad, P.S.- Goreya Kothi, District - Siwan. President of Managing Committe of Madarsa Ansarul Muslamin Khagni, P.O. - Mustafabad, P.S.- Goreya Kothi, District - Siwan (Madarsa No. 609/562). ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Bihar State Madarsa Education Board, Bihar, Patna through its Secretary, Apex Tower Haroon Nagar, Sector - 2, Phulwari Sharif, Patna - 801505.

3.

The Chairman, Bihar State Madarsa Education Board, Patna Apex Tower Haroon Nagar, Sector - 2, Phulwari Sharif, Patna - 801505. 4.

The Secretary, Bihar State Madarsa Education Board, Patna Apex Tower Haroon Nagar, Sector - 2, Phulwari Sharif, Patna - 801505. 5.

The District Education Officer, Siwan.

6.

District Programme Officer, Siwan.

7.

The So Called Managing Committee of Madarsa Ansarul Muslamin Khagni, P.O.- Mustafabad, P.S.- Goreya Kothi, District - Siwan (Madarsa No. 609/562) through its Secretary Rafi Ahmad Ansari, aged about 51 years son of Abdul Jabbar Ansari, resident of Village and P.O. Mustafabad, P.S. Goreya Kothi, District - Siwan.

8.

Md. Sayeed Son of Abdul Jabbar Ansari, resident of Village and P.O.- Mustafabad, P.S. - Goreya Kothi, District - Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Nandan Prasad, Adv.

For the State :

Mr.Kameshwar Kumar (Gp 17) For the Madarsa Board :

Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 09-03-2022 The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out

Patna High Court CWJC No.1126 of 2022(2) dt.09-03-2022 2/2 by the Registry within two weeks from today.

Learned counsel for the respondents inform that as per Section 28 of the Bihar State Madarsa Education Board Act, 1981 provision of appeal is provided.

The writ petition is disposed off with liberty to the petitioner to file an appeal before the Special Secretary, Education Department, Government of Bihar in terms of Section 28 of the Bihar State Madarsa Education Board Act, 1981. The pendency of the writ petition would be taken into consideration for limitation purpose. Accordingly, the writ petition stands disposed off.

(Sanjeev Prakash Sharma, J) pravinkumar/- U