Md. Shafi Haidar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23386 of 2012 ====================================================== Md. Shafi Haidar Son Of Late Mohiuddin Resident Of Village - Dubiyahi, P.O. Simri, Via - Arer Hat, P.S. Bisfi, District - Madhubani, Head Maulvi Madarsa Usmania Dubiyahi, P.O. Simri, Via - Arer Hat, P.S. Bisfi, District - Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Director, Secondary Education, Human Resources Development Department, Vikas Bhawan, Ne 3.

The Bihar State Madarsa Education Board, Through Its Secretary, 5 Vidyapati Marg, Patna -1 4.

The Chairman, Bihar State Madarsa Education Board, 5 Vidyapati Marg, Patna -1 5.

The Secretary, Bihar State Madarsa Education Board, 5 Vidyapati Marg, Patna -1 6.

The Managing Committee, Madarsa Usmania Dubiyahi, P.O. Simri, Via - Arer Hat, P.S. Bisfi, District 7.1. Md. Gulab Son of late Md. Usman Resident of Village- Dubiyahi, P.O. Simri, District- Madhubani, Present of the Managing Committee, Madarsa Usmania at Dabiyahi, P.O. Simri, District- Madhubabi. 8.

Md. Parwezul Haque Son Of Late Md. Zahirul Haque Resident Of Village - Dubiyahi, P.O. Simri, P.S. Bisfi, District - Madhubani, Presently Secretary Of The Managing Committee, Madarsa Usmania, P.O. Simri, P.S. Bisfi, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Harun Quareshi For the Respondent/s :

Mr. Manikant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-06-2019 In view of the decision of this Court that the Special Director is not competent to decide the appeal against the decision of the Madarsa Board or the Sanskrit Shiksha Board, the writ application is allowed and order passed in Appeal No. 29 of 2011 dated 23.08.2012 is quashed.

Patna High Court CWJC No.23386 of 2012(8) dt.25-06-2019 2/2

2. The matter is remitted back to the Special Secretary, Education Department, who has been now authorized to hear the appeal against the decision of the Madarsa Board.

3. The Special Secretary is hereby directed to dispose of the appeal bearing Appeal No. 29 of 2011 afresh in accordance with law.

4. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U