Md. Asghar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1676 of 2022 ====================================================== Md. Asghar Hussain Son of Late Abdul Ghani, Village - Nayatola, Babhangarama, P.O. - Banghara, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Secondary Education, Government of Bihar, Patna.

2.

The Bihar State Madarsa Education Board, Patna, through its Chairman. 3.

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

The President, Managing Committee of Madarsa Faizul Uloom Kawai Banghara, Via Dalsinghsarai, District - Samastipur (Madarsa No. 145) 5.

The Secretary, Bihar State Madarsa Education Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Binay Kumar, Adv.

For the State :

Mrs. Shilpa Singh, GA XII For the Board :

Mr.Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-11-2022 Heard the parties.

The petitioner by way of this writ petition challenged the order passed by the Secretary, the Bihar State Madarsa Education Board, Patna, dated 14.01.2022, directing him to appear before the Chairman on 19.01.2022 regarding the complaint made with respect to his appointment while he filed writ petition before this Court. He failed to appear before the Chairman on 19.01.2022 and it is informed that the appointment has been cancelled. The petitioner would be free to challenge the subsequent order of cancellation of his appointment by filing

Patna High Court CWJC No.1676 of 2022(3) dt.21-11-2022 2/2 a fresh writ petition.

The present writ petition is accordingly dismissed. However, the grounds taken in the present petition may be taken in the appeal which he prefers before the Secretary and the Chairman, Bihar State Madarsa Education Board, in terms of Section 28 of the Bihar State Madarsa Education Board Act, 1981.

The appeal if so filed shall be heard on merits and will be decided preferably within a period of two months. The writ petition is disposed of accordingly. (Sanjeev Prakash Sharma, J) Shamshad/- Item No. 109 U