Patna High CourtCWJC/12633/2007dismissed

Abdul Khalique v. Bihar State Madarsa Edu.Boardand

2015-08-03Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12633 of 2007 ===========================================================

1. Abdul Khalique S/O Hasamuddin Resident Of Village Sikorna, P.S. Kadwa, District- Katihar .... .... Petitioner/s

Versus

1. Bihar State Madarsa Education Board, Patna Through Its Secretary

2. Abdul Kayum S/O Late Hazi Sariatullah Head Maulvi, Madarsa Darul Hodda, Sikorana, P.S. Kadwa, District- Katihar

3. The State Of Bihar

4. The District Education Officer, Katihar, District Katihar

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

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

7. Managing Committee of the Madarsa Darul Hoda Sikorna, P.S. Kadwa, DistrictKatihar

8. The Incharge Principal, Madarsa Darul Hoda Sikrona, P.S. Kadwa, DistrictKatihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kr.Singh For the Respondent/s : Mr Anshuman Singh, GP 24 Mr. Md.Rashid Alam Mr Anamul Haque =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-08-2015 Under the controversial circumstances as well as in absence of finality to various litigations, civil and criminal kind, it will be totally uncalled for this Court to pass any direction in favour of the petitioner at this juncture because it will surely have fall out on other similar proceedings.

Submission of the counsel for the petitioner that he will be at least paid for the period he has worked is an issue for the competent

Patna High Court CWJC No.12633 of 2007 dt.03-08-2015 2/2 authority to take a call on or he may move a civil court of competent jurisdiction for appropriate declaration. But this Court is not inclined to exercise its discretion under Article 226 of the Constitution of India in the given facts of the case.

Writ application stands dismissed.

(Ajay Kumar Tripathi, J) sk U