Md. Habibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5676 of 2024 ====================================================== Md. Habibur Rahman son of Md. Nezamuddin, resident of VillageBhadurpur, P.S. Kadwa, Secretary of Managing Committee of Madarsa Nazamia Samsul Ollom at Bahadurpur, District Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna.

2.

The Special Director, Secondary Education, Human Resources Development Department, Bihar, Patna.

3.

The District Education Officer, Katihar.

4.

The Block Education Officer, Barsoi, District-Katihar. 5.

The Bihar State Madarsa Education Board through its Secretary, 5-Vidyapati Marg, Patna.

6.

The Chairman, Bihar State Madarsa Education Board, 5, Vidyapati Marg, Patna.

7.

The Secretary, Bihar State Madarsa Education Board, 5, Vidyapati Marg, Patna.

8.

Md. Rasiuddin son of Haji Samsuddin, resident of Village Bhadupur, P.O. Bhelaganj, P.S. Kadwa, District-Katihar.

9.

Md. Anjarul Islam, son of Ishaque Alam, resident of Village Basatpur, P.S. Sudhani, P.S. Barsoi, District-Katihar.

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr.Kameshwar Pd. Gupta, GP 10 :

Mr.Virendra Kuar, AC to GP 10 For Madarsa Board :

Md.Shahzad Hassan Khan, Advocate :

Md.Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2025 1.

Learned counsel for the State as well as Madarsa Board submit that under Section 28 of the Bihar State Madarsa Education Board Act, 1981, order passed by the Madarsa Board or its Chairman can be challenged in appeal before the State Government and Special Secretary has been designated with the

Patna High Court CWJC No.5676 of 2024(2) dt.15-04-2025 2/2 power to hear the appeal. The petitioner, if he is aggrieved, may approach the concerned authority, against the impugned order, by filing an appeal.

2.

Considering the aforesaid submission, this writ application is disposed with liberty to the petitioner to file an appeal before the Special Secretary-cum-Appellate Authority, within a period of four weeks from today along with condonation of delay petition and if such an appeal is filed by the petitioner, the Appellate Authority shall dispose the same, in accordance with law.

3.

With the aforesaid observations and directions, the present writ application is disposed off. (Anil Kumar Sinha, J) rinkee/- U