Madrasa Mohammadia Chota Telpa Chhapra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3181 of 2026 ====================================================== Madrasa Mohammadia Chota Telpa Chhapra through its Secretary Md. Naushad, male, aged about 61 years, son of Md. Sanaullah, resident of village- Chhota Telpa, P.S.- Chhapra Town, District- Saran at Chhapra. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Bihar State Madarsa Education Board, 5, Vidhyapati Marg, Patna. 4.

The Chairman Bihar State Madarsa Education Board, 5, Vidhyapati Marg, Patna.

5.

The Secretary, Bihar State Madarsa Education Board, 5, Vidhyapati Marg, Patna.

6.

The District Magistrate -cum- Collector, District - Saran at Chhapra. 7.

The District Program Officer, District - Saran at Chhapra. 8.

The District Education Officer, District - Saran at Chhapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Danish Raja, Adv.

For the Respondent/s :

Mr.Addl. Advocate General (13) For the Madarsa Board :

Mr. Shahzad Hassan Kha, Adv.

Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner, learned counsel for respondent State and learned counsel for Bihar State Madarsa Education Board, Patna.

2. With the consent of the parties the present writ application is disposed of at this stage.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

2/4 "I. For issuance of writ/ writs, direction/direction s, order/ orders commanding and directing the respondents concerned to consider the representation of the petitioner which is pending before the Additional Chief Secretary, Department of Education, Patna to issue government grants in favour of the petitioner to fulfil all the necessary parameters set by the Bihar State Madarsa Education Board as the physical verification of the petitioner madarsa was earlier done by the officials of the Bihar State Madarsa Education Board but till date the necessary grants has not been issued in favour of the present petitioner which itself is a violation of statutory rules made in this regard.

II. For issuance of writ/ writs, direction/direction s, order/ orders commanding and directing the respondents concerned to grant issues necessary Madarsa grant in favour of the present petitioner as he fulfil all the necessary parameter made by the competent authority which is Bihar State Madarsa Education Board.

III. And for any other relief or reliefs for the which the petitioner is found entitled to in the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner has already filed a representation dated 09.12.2025 (Annexure-P/6) before the Additional Chief Secretary, Department of Education, Government of Bihar, Patna (respondent no.2) and the same continues to be pending.

3/4 He, therefore, submits that the petitioner would be satisfied if an appropriate direction could be issued to the respondent no.2 to dispose of the pending representation of the petitioner, within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondents-State and Bihar State Madarsa Education Board, Patna do not have any objection.

6. Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is disposed of directing the Additional Chief Secretary, Department of Education, Government of Bihar, Patna (respondent no.2) to dispose of the pending representation of the petitioner dated 09.12.2025 (Annexure-P/6) within a period of six weeks from the date of receipt/production of a copy of this order, after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by respondent no.2 should be a reasoned and speaking order and in case the petitioner is found entitled to the relief, which the petitioner is claiming through the pending representation dated 09.12.2025, then the same should be

4/4 extended to the petitioner within a further period of four weeks from the date of passing of the final order by the respondent no.2.

8. With the aforesaid observation and direction the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U