Abdullah And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7482 of 2015 ====================================================== 1.
Abdullah S/o Aniul Haque resident of village - Balua Jagir, P.S. - Terhagachh, District - Kishanganj.
2.
Usman Ganni S/o Kabatullah resident of village - Khoragachh, P.S. - Sikti, District - Araria.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2.
The Director, Primary Madarsa, Human Resources Development Department Government of Bihar, Patna.
3.
Bihar State Madarsa Board, Patna through its Secretary. 4.
The Secretary, Bihar State Madarsa Board, Patna. 5.
The District Magistrate, Araria.
6.
The District Programme Officer Establishment, Araria. 7.
The District Education Officer, Araria.
8.
The Block Education Extension Officer, Sikti, District - Araria. 9.
Head Moulvi, Madarsa Darul Hoda Khoragachh, Madarsa No. 1216, P.S. Sikti, District - Araria.
10.
The Chairman, Madarsa Niyojan Samiti, Madarsa Darul Hoda Khoragachh, Madarsa No. 1216, P.S. Sikti, 11.
The Secretary, Madarsa Darul Hoda Khoragachh, Madarsa No. 1216, P.S. Sikti, District - Araria.
12.
Abdul Kalam S/o Belal Ahmad resident of village - Basmatia, P.S. - Sikti, District - Araria.
13.
Jahangir Alam S/o Touriullah resident of village - Khoragachh, P.S. - Sikti, District - Araria.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar Jha, Advocate For the Respondent/s :
Mr.S.K. Sharma- (GA-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2022 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for
Patna High Court CWJC No.7482 of 2015(2) dt.07-12-2022 2/3 issuance of an appropriate writ/writs, order or orders in the nature of mandamus for directing and commanding the respondents to hold fresh process of selection for appointment of teacher under category of Fazil and Alim for appointment in Madarsa Darul Hoda Khoragachh, Madarsa No. 1216, P.S.
Sikti, District-Araria, which was in fact made without following any process of law on extraneous consideration including private respondents on the said post who were having much less qualification in comparison of the other candidates including the petitioners who were possessing higher academic qualification to prevail the healthy education atmosphere to run the madarsa education and as much as for issuance of appropriate writ in the nature of mandamus for directing and commanding the respondent to appoint the petitioners on the post of teacher in the category of Fazil and Alim respectively in the aforesaid madarsa in question considering the facts that they have better qualification amongst all other applicants for the ends of justice and equity and further for any other appropriate relief or reliefs for which the petitioners are entitled in the facts and circumstances of this case."
After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however,
Patna High Court CWJC No.7482 of 2015(2) dt.07-12-2022 3/3 seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty so sought is granted.
The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) S.Sb/Saurav U