Md. Ayub v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16681 of 2012 ====================================================== Md. Ayub son of abdul Aziz resident of village - Chandragarh Khusiyali, P.O. Marauna, P.s. Ganeshpur, District-Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Secretary, Department of Welfare and Minority Affairs, Government of Bihar, Old Secretariat, Patna.

4. Chairman Madarsa Board, Government of Bihar, Patna.

5. Chairman Human Resources Government of Bihar Old Secretariat, Patna.

6. Director Education, Government of Bihar, Patna.

7. District Education Officer, Supaul.

8. Md. Samim son of Late Ibrahim, resident of village- Chandragarh Khusiyali, P.O. Marauna, P.S. Ganeshpur, District-Supaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvendra Kumar Verma For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 11-08-2015 It is the stand of the counsel for the Madarsa Board that the Madarsa in question is a private Madarsa and does not come within the list of such 2459 Madarsas taken over or recognized Madarsa for aid and assistance on a regular basis by the State of Bihar.

Till such a stage is reached, the Madarsa will be treated to be a private Madarsa and, therefore, even the Madarsa Board cannot enter into the dispute as to who will be the Secretary of the Madarsa in question.

In fact, it is the stand of the counsel that the suit is the

Patna High Court CWJC No.16681 of 2012 (3) dt.11-08-2015 P2/2 answer for such dispute because it is a private dispute. Be that at it may, the writ application is dismissed. The petitioner may file a suit for appropriate declaration. (Ajay Kumar Tripathi, J) Saif/- U