The Managing Committee Madarsa Islamia Nooria And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8492 of 2014 ======================================================
1. The Managing Committee Madarsa Islamia Nooria, Pachahi, P.O. Pachahi, Via - Madhepur, District - Madhubani through it's Secretary, Madarsa no. 134
2. Matiur Rahman Son of Md. Idris Ansari, the Secretary, Managing Committee Madarsa Islamia Nooria, Pachahi, P.O. Pachahi, Via - Madhepur, District Madhubani, Madarsa No.134
3. Janab Maulana Md. Masoodul Haque S/o son of Md. Madni Resident of village and P.O. Pachi, via - Madhepur, District - Madhubani, Assistant Teacher, Fazi 1 ( I ), Madarsa Islamia Nooria, Pachahi, Madhubani
4. Janab Maulana Md. Hussain son of Md. Idris Resident of village and P.O. Pachi, via - Madhepur, District - Madhubani, Assistant Teacher, Fazi 1 ( 2 ), Madarsa Islamia Nooria, Pachahi, Madhubani
5. Mohtarma Nahid Noori Sahiba Daughter of Abdul Hai Resident of Village and P.O. Pachahi, via - Madhepur, District - Madhubani, Assistant Teacher, Alim, Madarsa Islami, Noorua, Pachani, Madhubani
6. Mohtarma Fatma Noori, Sahiba D/o Perweez Alam Resident of Village and P.O. Pachahi, via - Madhepur, District - Madhubani, Assistant Teacher, Maulvi, Madarsa Islamia, Noorua, Pachani, Madhubani
7. Janab Master Meraj Ali Sb son of Ataur Rahman Resident of Village and P.O. Pachahi, via - Madhepur, District - Madhubani, Assistant Teacher, Matric, Madarsa Islamia, Noorua, Pachani, Madhubani
8. Janab Md. Nasim Haider Sb son of Md. Mahboob Ansari Resident of village - Aabat Dih, Via - Madhepur, District - Madhubani, Clerk, Madarsa Islamia Nooria, Pachahi, District - Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Secretariate, Bihar, Patna
3. The District Education Officer, Madhubani, District - Madhubani
4. Chairman, Bihar State Madarsa Education Board, Patna
5. Secretary, Bihar State Madarsa Education Board, Patna .... .... Respondent/s
Patna High Court CWJC No.8492 of 2014 (5) dt.12-01-2015 ====================================================== Appearance :
For the Petitioner/s : Mr. Farooque Moazzam, Advocate For the Respondent/s : Mr. S.K.Sinha, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 12-01-2015 Counter affidavit on behalf of respondent nos. 4 and 5 has now been filed bringing on record the decision taken by the Chairman of the Madrasa Board which is a clear proof now that such a decision was taken.
Since the respondent Board has brought on record the order by way of oath, the dispute raised by the petitioner that there is no order or decision so made in so far in relation to the Madarsa in question, is misplaced. Let, the petitioner assail the said order before the appellate authority. The appellate authority will endeavour to adjudicate the appeal within a reasonable time frame not running in months and years provided cooperation is rendered by the petitioner and other parties to the dispute render their assistance to the appellate authority.
Writ application is disposed of.
(Ajay Kumar Tripathi, J) P.K./- U