Bibi Shamima Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6554 of 2014 =========================================================== Bibi Shamima Khatoon Wife Of Late Md. Hamza Resident Of Village - Barhajal, P.S. Barsoi, District - Katihar, Secretary Of Madarsa Azizia Perhajal, P.S. Barsoi, District - Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department Govt. Of Bihar, Patna

2. The Bihar State Madarsa Education Board, Vidyapati Margh, Patna Through Is Secretary

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

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

5. The Special Director, Secondary Education, Bihar, Patna

6. The District Education Officer, Katihar

7. Abul Kalam Son Of Late Md. Ishak Resident Of Village - Berhajal, P.S. Barsoi, District - Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Respondent/s : Mr. Avnish Nandan Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-09-2015 *************** 17.09.2015 Heard learned counsel for the parties.

Looking at the nature of the dispute as well as the allegation of the petitioner that the whole enquiry is vitiated, manipulated and is basically a kind of tablereport, can best be tested in a suit, which may be filed by the petitioner for an appropriate declaration as well as may be for some kind of ad interim restraint order as well, if a case is made out.

This kind of disputes cannot be adjudicated in

Patna High Court CWJC No.6554 of 2014 dt.17-09-2015 2/2 a summary proceeding under Article 226 of the Constitution of India.

Writ application stands disposed off with liberty as above.

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