← Library
Patna High CourtCWJC/14388/2015dismissed

The Managing Committee Of Madarsa Tanzeemul Islam Tinpania v. The State Of Bihar And ORS

2016-04-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14388 of 2015 =========================================================== The Managing Committee of Madarsa Tanzeemul Islam Tinpania, P.O. - Kheriya, P.S. - Korha, District- Katihar its Secretary Md. Ibrahim, Son of Late Abdul Sattar, resident of village - Tinpania, District - Katihar. .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Education Department Government of Bihar, Patna.

2. The Joint Director, Secondary Education, Bihar, Patna.

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

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

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

6. The District Education Officer, Katihar.

7. The District Programme Officer (Establishment), Katihar.

8. Sohrab Ali, Son of late Turab Ali, Resident of Village - Tinpania, P.S. - Kheria, P.S. -Korha, District - Katihar.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Obaidur Rahman, Advocate For the State :

Mr. Avnish Nandan Sinha, G.P.11 For Madarsa Board :

Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-04-2016 The order under challenge is dated 14.07.2015 passed by the Joint Director, Secondary Education, Government of Bihar. The Court has gone through the impugned order and is constrained to record that the Joint Director has rightly come to a conclusion that the principle of bias applies in the present case because one member of the Madarsa Board On Masumi obviously created a report and prevailed upon the Board to put endorsement to such a report. An independent report of Mufti Khalid Hussain was ignored by the

Patna High Court CWJC No.14388 of 2015 dt.05-04-2016 2 / 2 Madarsa Board.

In view of the same, the conclusion reached by the Joint Director, Secondary Education, Government of Bihar is not required to be interfered with.

Writ application has no merit and it is dismissed. (Ajay Kumar Tripathi, J.) Sanjay/- U