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Patna High CourtCWJC/5772/2016disposed

Marufa Khatun v. The State Of Bihar And ORS

2019-07-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5772 of 2016 ====================================================== Marufa Khatun, wife of Late Nayeem Akhtar, Resident of Village- Charkhi, P.O.- Korha, P.S.- Katihar, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Director, Primary Education, Bihar, Patna. 3.

The Chairman, Bihar State Madarsa Education Board, Patna. 4.

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

The Assistant Secretary, Bihar State Madarsa Education Board, Patna. 6.

The Managing Committee, Madarsa Reyajulum, Madarsa No. 0349, Islampur, Dhol Bajja, Via Kasba, District Purnea 7.

The Secretary, Madarsa Riyazul Ullum, Madarsa No. 0349, Islampur, Dhol Bajja, Via Kaswa, District Purnea 8.

The Head Moulvi, Madarsa Riyajulum, Madarsa No. 0349, Islampur, Dhol Bajja, Via Kasba, District Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh For the Respondent/s :

Mr. Md. Rashid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2019 The present writ application has been filed by the petitioner for a direction to the respondents to consider his case for appointment on compassionate ground.

2. The husband of the petitioner died in harness on 04.05.2013, thereafter the petitioner filed application for appointment on compassionate ground.

3. The claim of the petitioner is against the Madarsa No. 0349.

Patna High Court CWJC No.5772 of 2016(5) dt.03-07-2019 2/2

4. The Court under the aforesaid circumstances is not in a position to grant any indulgence in the matter, as the Court does not find that the Madarsa is covered by the policy decision for grant of compassionate appointment and further Madarsa is not amenable to writ jurisdiction.

5. Accordingly, the writ application does not any merit consideration. However, liberty shall be available to the petitioner to approach the concerned authority of the Madarsa in question for consideration of her claim on humanitarian ground.

6. The writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U