The New Managing Committee Of Madarsa Nomania Dumaria Idgah v. The Bihar State Madarsa Education

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5773 of 2020 ====================================================== The New Managing Committee of Madarsa Nomania Dumaria Idgah Madarsa No. 384, P.O.- P.T. Dumaria, P.S. Mahalgaon, District- Araria, through its Secretary, Abdul Kuddus @ Abdul Quddus, Male, 51 yrs, Son of Late Abdul Majeed @ Shekh Majeed, Resident of Village- Prasadpur, P.O. P.T. Dumaria, P.S.- Mahalgaon, District- Araria.

... ... Petitioner/s

Versus

1.

The Bihar State Madarsa Education Patna through its Chairman. 2.

The Secretary Bihar State Madarsa Education Board, Patna, Bihar, Patna. 3.

The District Magistrate, Araria.

4.

The District Education Officer, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) Mr. Arbind Kumar, AC to GP 17 Mr. Shahzad Hassan Khan, Adv.

Mr. Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2024

1. The present writ application has been filed by the Managing Committee of Madarsa Nomania Dumaria Idgah, Madarsa No.-384, P.O.- Dumaria, P.S.- Mahalgaon, DistrictAraria for a direction to the respondent no. 1 / Bihar State Madarsa Education Board, Patna to consider the case of approval of petitioner's committee as Managing Committee of Madarsa Nomania Dumaria Idgah, Madarsa No. 384, P.O.- Dumaria, P.S.- Mahalgaon, District- Araria in the light of letter

Patna High Court CWJC No.5773 of 2020(3) dt.16-01-2024 2/3 no. 248 dated 10.05.2018 issued by the District Education Officer, Araria.

2. Learned counsel for the Bihar State Madarsa Education Board submits that new Rule i.e. Bihar State NonGovernment Recognized Aided Madarsa Managing Committee Constitution Rules, 2022 [for short "Rules, 2022"] has come into force by which tenure of the Managing Committee is for three years. He further submits that the approval of Managing Committee of the Madarsa in question was given to another faction earlier and tenure of that Managing Committee has also come to an end, and as such, the petitioner may submit fresh proposal for approval of Managing Committee formed by the Madarsa in question.

3. Having heard learned counsel for the parties and taking into consideration the fact that as per new Rules, 2022; the Managing Committee has not been formed, accordingly, I dispose the writ application with liberty to the petitioner or any other interested person to form Managing Committee in accordance with the new Rules, 2022 and submit their proposal before the Bihar State Madarsa Education Board, Patna for due consideration.

4. With the aforesaid observation and direction the

Patna High Court CWJC No.5773 of 2020(3) dt.16-01-2024 3/3 application is disposed of.

praful/- (Anil Kumar Sinha, J) U