Mahmood Alam v. The Bihar State Madarsa Education Board Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14461 of 2014 =========================================================== Mahmood Alam S/o Late Md. Musa Ali Resident of Village Nawadi Kantnagar, P.S. Barari, District Katihar.

.... .... Petitioner

Versus

1. The Bihar State Madarsa Education Board, Patna through its Chairman, Bihar, Patna.

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

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

4. Manjoor Hashmi S/o Name not known to the petitioner, Enquiry Officer, Bihar State Madarsa Education Board, Bihar, Patna.

5. Md. Fazlur Rahman S/o Late Yaar Mohammad Resident of Village Nawadi Kantnagar, P.S. Barari, District Katihar.

6. Md. Jamaluddin S/o Md. Muslim Resident of Village Nawadi, Kantnagar, P.S. Barari, District Katihar.

7. Haj Amjad Ali S/o Haji Hussain Secretary of Madarsa Matlaullum, No. 635, Resident of Village Markaribari, Rajapaker, P.S. Barari, District Katihar.

8. Md. Sayab Ali S/o Late Lal Mohammed, President of Madarsa Matlaullum, No. 635, Resident of Village Nawadi Kantnagar, P.S. Barari, District Katihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Abdul Wadood, Advocate For Madarsa Board :

Md. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-11-2015 Petitioner claims himself to be a member of the public. His grievance is that the Madarsa Education Board has approved the newly Managing Committee without there being any public meeting or if it was, it was a sham.

The Court has serious doubts about the bona fide of the petitioner. However, even otherwise the facts so asserted is required to be established after taking due evidence. Petitioner has freedom to file a suit if he wants for an appropriate declaration including

Patna High Court CWJC No.14461 of 2014 dt.24-11-2015 2 / 2 challenge to the order contained in Annexure-9 dated 20.01.2014 which is part of I.A. No.7362 of 2015.

The writ is dismissed with above liberty.

(Ajay Kumar Tripathi, J.) Sanjay/- U