Md. Quaisar Raza v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.286 of 2017 =========================================================== Md. Quaisar Raza, S/o Late Md. Shoaib Quasmi, Resident of Village-Marijgaon, Tola Hatgaon, P.S. Palasi, District-Araria .... .... Petitioner/s

Versus

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

2. The Chairman, Bihar State Madrasa Education Board, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate Md. Ziaul Quamar, Advocate For the Respondent/s : Mr. Umesh Narayan Dubey, AC to GP-27 For Madarsa Board : Md. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 30-11-2017 Heard learned counsel for the petitioner, State and Madarsa Education Board.

2. In the instant writ application, the petitioner is seeking direction for compassionate appointment.

3. Counsel for the Madarsa Education Board submits that the writ petition is not maintainable, as the petitioner is seeking direction against the private Managing Committee, which is not amenable in the writ jurisdiction. However, he submits that considering the hardship on account of death of bread earner, the petitioner may approach the Managing Committee of Madarsa Ainul Uloom Denga Idgah, district- Araria and the Bihar State Madarsa Education Board, Patna and request for consideration of his case for compassionate appointment. The Managing Committee of the Madarsa in question being the competent authority may consider his case, but no mandamus can be issued against that Managing

Patna High Court CWJC No.286 of 2017 dt.30-11-2017 2/2 Committee. He submits that even the Bihar State Madarsa Education Board, Patna is not in a position to give any direction to the Managing Committee of the Madarsa in qeustion. He submits that with reference to Annexure-7 necessary directions have already been issued by the Bihar State Madarsa Education Board, Patna to consider the case of the petitioner for compassionate appointment.

4. In view of the above, the Court expects that the Bihar State Madarsa Education Board, Patna will extend helping hand to the petitioner in the matter of expeditious disposal of the case for compassionate appointment. The Court instead of deciding the maintainability of the writ petition permits the petitioner to approach the Bihar State Madarsa Education Board, Patna to take further steps to ensure expeditious disposal of the case of petitioner for appointment on compassionate ground. The Court hopes and trusts that the Bihar State Madarsa Education Board, Patna will consider the case of petitioner in order to tide over financial crisis on account of death of the bread earner.

5. With the aforesaid observation, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date04.12.2017 Transmission Date NA