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Patna High CourtCWJC/18120/2017disposed

Md. Sayeedur Rahman v. The State Of Bihar And ORS

2018-03-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18120 of 2017 ====================================================== Md. Sayeedur Rahman, son of Abdul Jalil, resident of Village- Pupri, P.S.- Pupri, District- Sitamarhi as presently designated post of Secretary, Madrasa Ghausia Anwarul Banat at Rajbagh Pupri, P.O.- Janakpur Road, DistrictSitamarhi (Bihar). ... ... Petitioner/s

Versus

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

2. The Joint Secretary, Education Department, Bihar, Patna.

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

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

5. The District Magistrate, Sitamarhi.

6. The District Education Officer, Sitamarhi.

7. The District Programme Officer, Establishment, Sitamarhi.

8. The Block Education Officer, Pupri.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate Mr. Ranjit Kumar thakur, Advocate For the State :

Mr. Arvind Kumar, AC to GP23 For Madarsa Board :

Mr. Md. Rashid Alam, Advofate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 15-03-2018 Heard learned counsel for the petitioner, State as well as the Bihar Madarsa Board.

2.

Learned counsel for the Madarsa Board has drawn the attention of the Court to the order dated 4.1.2018 passed by a Co-ordinate Bench of this Court in CWJC No. 3385 of 2017. Referring to the aforesaid order, he submits that petitioner may be granted liberty to approach the Special Secretary/Secretary, Education Department who shall look into the grievance of the

Patna High Court CWJC No.18120 of 2017 dt.15-03-2018 2/2 petitioner and decide the same in accordance with law as there appears to be dispute as to Managing Committee of the Madarsa. 3.

Under the aforesaid circumstances, it would not be appropriate for this Court to enter into the controversy and decide the identify of Madarsa in question.

4.

The writ petition is disposed of with a liberty to the petitioner to approach the Special Secretary of the Department of Education to examine the relevant record of the institution in question and take final decision with regard to the grievance of the petitioner by a reasoned and speaking order within four months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.3.2018 Transmission Date