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Patna High CourtCWJC/22482/2014dismissed

Md. Manzur Alam v. The State Of Bihar And ORS

2016-01-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22482 of 2014 =========================================================== Md. Manzur Alam Son of Late Serajuddin Resident of Village-Barhara, P.O.- Gaina, District-Araria, Secretary of Managing Committee of Madarsa Mohammadia, Gaina, District-Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Bihar State Madarsa Education Board, Patna.

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

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

6. The District Education Officer, Araria.

7. The Sub-Divisional Education Officer- Cum-District Officer, Araria.

8. The Block Education Extension Officer, Araria.

9. Md. Mohsin, President, New Managing Committee of Madarsa Mohammadia Gaira, Tola Baghwa, Barharia, P.O.-Gaina District-Araria.

10. Qumurzzama Secretary, New Managing Committee of Madarsa Mohammadia Gaira Tola Baghwa-Barharia, P.O.-Gaira, District-Araria.

11. Md. Imtiyaz Alam Member, New Managing Committee of Madarsa Mohammadia Gaira, Tola Baghwa Barharia, P.O.-Gaira District-Araria.

12. Md. Masiuzzama, Member, New Managing Committee of Madarsa Mohammadia Gaira Tola Baghwa Barharia, P.O.-Gaira, District-Araria.

13. Md. Nafil Member, New Managing Committee of Madarsa Mohammadia Gaira Tola-Baghwa Barharia, P.O.-Gaira, District-Araria.

14. Norul Hoda, Member, New Managing Committee of Madarsa Mohammadia Gaira Tola Baghwa Barharia, P.O.-Gaira, District-Araria.

15. Md. Shamshul Haque, Head Maulvi, Madarsa Mohammadia Gaira, TolaBaghwa Barharia, P.O.-Gaira, District-Araria. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Obaidur Rahman, Advocate For the State : Mr. Ashok Priyadarshi, G.A -4 For the Board : Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-01-2016 Submission of the counsel for the petitioner, who happened to be the appellant in appeal No. 33 of 2012, is that he was not given adequate opportunity of hearing while deciding the issue of approval

Patna High Court CWJC No.22482 of 2014 dt.05-01-2016 2 / 2 to the Managing Committee granted by the Board. In addition, he also submits that since the appellate authority has not clearly indicated about the status of the Committee earlier approved in terms of Annexure-1, therefore, an awkward situation has arisen with regard to the Managing Committee. Both the submissions seem to be fallacious. One that there is a detail consideration of every aspect of the submission made by the petitioner before the appellate authority and the evidence pressed by him in support as well as there is due consideration of the materials brought before the appellate authority by both the appellants (petitioner) as well as the respondent. It is only after due consideration that the Committee constituted in terms of Annexure-2 came to be approved. By implication the earlier Managing Committee, therefore, stood de-recognized or omitted by reconstitution whose validity has been upheld by the appellate authority.

Since there is no infirmity otherwise emerging from the impugned order contained in Annexure-3 dated 27.03.2014, writ application is dismissed.

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