Md. Jahangir Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16751 of 2017 ====================================================== Md. Jahangir Ali, Son of Late Abdul Hamid, Secretary of Madrasa Islahul Muslemin (Mad No.1046) situated at Babubarahi, District- Madhubani. Resident of Village- Babubarahi, P.S.- Babubarahi, District- Madhubani. ... ... Petitioner/s

Versus

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

2. The Chairman, Bihar State Madarsa Board, Patna.

3. The Madarsa Board Patna through its Secretary.

4. The District Education Officer, Madhubani.

5. The District Programme Officer (Establishment) Madhubani.

6. The District Programme Officer of Primary Education and Sarva Siksha Aviyan Madhubani.

7. The District Mid-Day Meal Programme Officer of Madhubani.

8. The Senior Clerk of the District Education Office of Madhubani.

9. The Principal Moulvi of Madarsa Islahul Muslemin (Mad No. 1046) of Babubarahi.

10. Md. Taiyab, Son of Md. Bikau,

11. Md. Mustkim, Son of Jainuddin, All are resident of Village- Babubarahi, P.S.- Babubarahi, District- Madhubani.

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

For the Petitioner/s :

Mr. Sanjeev kumar jha For the State :

Ms. Shilpa Singh, GA-12 Mr. Ranjan Kumar, AC to GA 12 For the respondents :

Mr. Girijish Kumar For Madarsa Board :

Mr. Rashid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2017 Heard learned Counsel for the parties concerned. This application has been filed seeking following reliefs:- "(i) For setting aside letter no.

1799/Madhubani dated 20.10.2017 issued by the District Programme Officer (Respondent no. 5) whereby and whereunder respondent no. 5 tried to mislead the respondent no. 3 with regard to proper information about the so-called enquiry.

Patna High Court CWJC No.16751 of 2017(2) dt.05-12-2017 2/2 (ii) For setting aside the letter no.

4824/Patna dated 21.06.2017 issued by the respondent no. 3 by which respondent no. 3 without perusing his official documents as well as without applying his judicial mind presumed the respondent no. 10 and 11 as new Secretary and Chairman of the concern Madarsa Board.

(iii) For issuance of direction to the authorities concern to provide proper guide line to the enquiry committee in light of letter no. 1990/Madhubani dated 23.09.2017 issued by the respondent no. 6 and then enquired the matter." In my view, this application is premature and misconceived. The petitioner has certain the remedy of appeal, against the final decision to be taken in the process, before the Bihar State Madarsa Education Board.

This application stand dismissed as premature. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √