Mojammil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5744 of 2024 ====================================================== Mojammil, Son of Rafik, resident of village & P.O.- Chakdariya, P.S. - Lodipur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary-cum-Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.

4.

The Special Director, Secondary Education, Department of Education, Govt. of Bihar, Patna.

5.

The Bihar State Madarsa Education Board, Patna through its Secretary. 6.

The Chairman, Bihar State Madarsa Education Board, Patna. 7.

The Secretary, Bihar State Madarsa Education Board, Patna. Nos. 5 to 7 are at Apex Tower, Haroon Nagar, Sector - II, P.S. Phulwari Sharif, District- Patna.

8.

Md. Saifullah, Son of Md. Naimuddin 9.

Md. Fuzail, Son of Md. Ilyas, 10.

Md. Ilyas Son of Haji Md. Ishaque.

11.

Md. Nakiullah, Son of Md. Faiyaz 12.

Md. Jamaluddin, Son of Late Sayeed 13.

Md. Wasimuddin, Son of Haji Md. Ismail 14.

Md. Hasan, Son of Md. Nasimuddin Nos. 8 to 14 are residents of Village & P.O. - Chakdariya, P.S. - Lodipur, District - Bhagalpur.

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

For the Petitioner/s :

Mr.Md. Rashid Alam, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 For Madarsa Board :

Mr. Shahzad Hassan Khan, Advocate Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-04-2024

Patna High Court CWJC No.5744 of 2024 dt.05-04-2024 2/2 The petitioner has sought for removal of the Chairman of the Bihar State Madarsa Education Board, Patna and for proper constitution of the Board.

2. The learned Government Advocate points out that by Bihar State Madarsa Education Board (Amendment) Act, 2024, specifically Section 5, a new sub-section (6) has been added in Section 29 of the existing Act which dissolves the existing Bihar State Madarsa Education Board. By Clause (b) of sub-section (6), the State Government in the Department of Education has also appointed an Administrator not below the rank of Secretary to the Government to manage the affairs of the Board. In such circumstances, nothing survives in the writ petition.

3. The writ petition stands closed.

(K. Vinod Chandran, CJ) (Harish Kumar, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 05.04.2024 Transmission Date