← Library
Patna High CourtCWJC/4479/2022dismissed

Managing Committee Of Madarsa Islamia No. 93 Abul Kalam Azad, v. The State Of Bihar,

2022-05-11Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4479 of 2022 ====================================================== Managing Committee of Madarsa Islamia No. 93 Abul Kalam Azad, Educational and Welfare, Trust, Jaisinghpur, Turkaulia, East Champaran through the settler and Managing Secretary of the Madarsa Azizur Rahman, Secretary, aged about 62 years, Son of Late Manzoor Ahmad, Resident of Village - Jaisinghpur Tola, Khirwa Bazar, P.S. - Turkaulia, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Human Resources Development, Government of Bihar, Patna.

2.

The Special Secretary Cum Director, Secondary Education, Bihar, Patna. 3.

The Chairman, Bihar State Madarsa Education Board Sector -2, Apex Tower, Haroon Nagar, Phulwearisharif, Patna.

4.

The Secretary Bihar State Madarsa Education Board, Sector-2, Apex Tower, Haron Nagar, Phulwari Sharif, Patna.

5.

The District Education Officer, East Champaran. 6.

Abul Qais Jaisinghpur Khirwa, Tirkaulia, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Md.Iqbal Hasan Rahmani, Adv.

For the Respondent/s :

Mr.Madan Jeet Kumar ( Gp 20 ) For the Madarsa Board :- Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-05-2022 Heard the parties.

As per the provisions of Section 28 of the Bihar State Madarsa Education Board Act, 1981, appeal would lie against an order of the Chairman, which is the appellate authority. Rules have also been framed, wherein as per Rule 11, the appellate forum has been recognised and the method of adjudicating the appeal has also been laid down.

Patna High Court CWJC No.4479 of 2022(2) dt.11-05-2022 2/2 Accordingly allowing the petitioner to take up the statutory remedy available under the Act.

The writ petition is dismissed on the ground of applications alternate remedy available to the petitioner. If, an appeal is preferred, the same shall be decided within a shortest possible period.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No.-22 U