Md Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8724 of 2021 ====================================================== Md Khurshid Alam Son of Late Haji Md. Kalimuddin, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Bihar State Madarsa Education Board through its Chairman, Officer at Apex Tower, Haroon Nagar, Sector - 2, Phulwari Sharif, Patna - 801503. 4.

The Chairman, Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar, Sector 2, Phulwari Sharif, Patna - 801505. 5.

The Secretary, Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar, Sector 2, Phulwari Sharif, Patna - 801505. 6.

Abdul Qaiyum Ansari at present holding the post of Chairman, Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar, Sector 2, Phulwari Sharif, Patna - 801505.

7.

Md. Murshid Alam, Son of Late Salimuddin, resident of Village - Farsadangi, P.O. - Kojri, P.S. - Palasi, District - Araria. 8.

Md. Abdullah, Son of Md. Musa, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria.

9.

Md. Ashraf Ali, Son of Maulana Israel, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria.

10.

Iftekhar Alam, Son of Md. Abdul Qadeer, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria. 11.

Md. Ghalib Hussain, Son of Abdul Wahab, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria. 12.

Md. Intekhab Alam, Son of Md. Firoz Alam, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria. 13.

Shahnaz Bano, daughter of Alauddin, resident of Village - Farsadangi, P.O. - Kojri, P.S. Palasi, District - Araria.

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 01-09-2022 Learned counsel for the petitioner submits that the

Patna High Court CWJC No.8724 of 2021(2) dt.01-09-2022 2/2 appeal challenging the formation of the committee was already pending before the Appellate Authority against the decision of the Madarsa Board. During the pendency, the order has been passed, granting the approval, and therefore, the petitioner has approached this court. Learned counsel submits that a decision has already been taken earlier by the Madarsa Board by the Chairman as nullity. The petitioner may place the said decision before the concerned Appellate Authority. The Appellate Authority would also examine the consequential orders which have been passed after the formation of the managing committee in the appeal bearing Appeal No. 85/2019, which has already been pending before this court. The Appellate Authority is accepted to decide the appeal expeditiously preferably within a period of one month. With the aforesaid direction, this writ petition is disposed of.

(Sanjeev Prakash Sharma, J) amit/sachin Item no.28 U