Md. Aslam Kamil v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1486 of 2018 In Civil Writ Jurisdiction Case No.18056 of 2018 ====================================================== Md. Aslam Kamil Son of Mukimuddin, Ex-Secretary of Managing Committee of Madarsa Islahul Muslimin, Bocha Ghari, P.S Bahadurganj, DistrictKishanganj-Respondent No.10 ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Special Secretary, Secondary Education, Department of Education, Govt. of Bihar, Patna.

4.

The Special Director, Secondary Education, Department of Education, Govt. of Bihar, Patna.

5.

The Joint Director, Secondary Education, Govt. of Bihar, Patna. 6.

The District Education Officer, Kishanganj, District-Kishanganj. 7.

The Bihar State Madarsa Education Board Patna through its Secretary. 8.

The Chairman, Bihar State Madarsa Education Board, Patna. 9.

The Secretary, Bihar State Madarsa Education Board, Patna. No.7 to 9 are 5-Vidypati Marg, P.S.-Kotwali, District- Patna 10.

The Managing Committee of the Madarsa Islahul Muslimin Bocha Garhi, P.S.-Bahadurganj, District Kishanganj, Son of Late Maniruddin, Resident of Village-Bishanpur Baisa, Gopalganj, P.S.-Bahadurganj, District-Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Wasi Ahmad Khan, Adv.

For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -AAG 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Patna High Court L.P.A No.1486 of 2018 dt.16-05-2019 2/3 Date : 16-05-2019 Heard Shri Sanjay Singh, learned counsel for the appellant, and Shri Raj Nandan Prasad, learned counsel for the respondent writ petitioner No. 10.

An affidavit has been filed today on behalf of the State of Bihar informing the Court that the concerned appellate authority has now been changed and one Shri Satish Chandra Jha, Special Secretary, Education Department, has been authorized to exercise the powers of the appellate authority under Section 28 of the Bihar State Madarsa Education Board Act.

Shri Sanjay Singh, learned counsel for the appellant, submits that in view of the aforesaid development, the impugned judgement may be modified to the extent that the said authority may now be commanded to decide the matter as the original order has been set aside.

Having heard learned counsel for the State and the learned counsel for the parties, this appeal is disposed off with a direction that the authority now appointed as per the affidavit filed by the State shall proceed to dispose off the appeal within a period of three months from the date of receipt/production of a certified copy of the order.

Patna High Court L.P.A No.1486 of 2018 dt.16-05-2019 3/3 The impugned judgement dated 27th of September, 2018 stands modified to the said extent only. The appeal stands disposed off.

(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A