Wajahul Quamar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17976 of 2012 ====================================================== Wajahul Quamar Son Of Md. Islamuddin Resident Of Village- Tharkachpur Gangihat, P.S. Bahadurganj, District- Kishanganj ... ... Petitioner/S
Versus
1. The State Of Bihar
2. The Chief Secretary-Cum-Commissioner, Department Of Education, Government Of Bihar, Patna
3. The Principal Secretary, Department Of Education Government Of Bihar, Patna
4. The Director, Secondary Education, Department Of Education, Government Of Bihar, Patna
5. The Special Director, Secondary Education, Department Of Education, Government Of Bihar, Patna
6. The Bihar State Madarsa Education Board, Patna Through Its Secretary 5 Vidyapati Marg, P.S. Kotwali, District- Patna
7. The Chairman, Bihar State Madarsa Education Board, Patna, 5 Vidyapati Marg, P.S. Kotwali, District- Patna
8. The Secretary, Bihar State Madarsa Education Board, Patna, 5 Vidyapati Marg, P.S. Kotwali, District- Patna
9. The District Education Officer, Kishanganj, District- Kishanganj
10. The Managing Committee Of Madarsa Ashrafuluhoom Augigachh, Altabari Gangihat, P.S. Bahadurganj, District- Kishanganj Through Its President Gul Mohammad
11. Soban Mustansar Ahmad Son Of Master Tauheed Alam Resident Of VillageTharkachpur, P.S. Bahadurganj, District- Kishanganj 'AT Present At Saban And Associates' R/O 278-A (BASEMANT) Behind Pan- Pacific Toor And Travels, Okhla Main Road, Jamia Nagar, New Delhi
12. Nasima Khatoon Wife Of Late Aminuddin Resident Of Village- Gangi P.S. Bahadurganj, District- Kishanganj ... ... Respondent/s ====================================================== Appearance :
Patna High Court CWJC No.17976 of 2012 dt.20-11-2018 2/3 For the Petitioner/s :
Mr. Md. Anis Akhtar, Advocate For the State :
Mr. Vijay Bharti, AC to SC 7 For Madarsa Board :
Md. Rashid Alam, Advocate For the intervenor :
Mr. Firoj Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 20-11-2018 Heard Mr. Firoz Ahmad, learned counsel appearing on behalf of the intervenor.
For the reasons stated in the interlocutory application (I.A. No. 8665 of 2018), prayer for intervention is allowed. Mr. Anis Akhtar, learned counsel appearing on behalf of the petitioner submits that the only issue warranting adjudication in the present writ petition is whether the Special Director, who is ex-officio member of the Madarsa Board, is competent to hear appeal against the decision of the Madarsa Board. This issue has already been answered by this Court in series of cases earlier. In view of the above, the order passed by the Special Director, as contained in Annexure-10, against the order of the Madarsa Board cannot sustain. It is, accordingly, quashed. The matter is remanded back to the Special Secretary, Education Department, who has been authorised to hear appeal against the decision of the Madarsa Board. The Special Secretary is directed to hear and decide the appeal in accordance with law at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order. It is needless to say
Patna High Court CWJC No.17976 of 2012 dt.20-11-2018 3/3 that the Special Secretary shall provide opportunity of hearing to all concerned before taking decision in accordance with law. With the aforesaid, the writ petition stands allowed and disposed of.
(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.11.2018 Transmission Date NA