Madarsa Talimul Islam Through Its Secretary Jasim Akhtar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16370 of 2015 =========================================================== Madarsa Talimul Islam through Its Secretary Jasim Akhtar, son of Late Firoz Ahmed, resident of Village and Post- Bardaha, via Kamtaul, Police Station- Bisfi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Human Resource Department, Government of Bihar, Vikas Bhawan, Patna.

2. The Special Director (Secondry Education), Human Resource Department, Government of Bihar, Vikas Bhawan, Patna.

3. District Education Officer, Madhubani.

4. In charge President/Chairman, Bihar State Madarsa Education Board, Patna.

5. Sultan Ahmed Shamsi, son of late Mohd. Yusuf, resident of Village and PostBardaha, via Kamtaul, Police Station- Bisfi, District- Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Srivastava For the Respondent/s : Mr. ARVIND KUMAR NO. 1- SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 22-01-2016 Writ application is dismissed.

Let the petitioner file a suit before the civil court of competent jurisdiction, where all evidence, documentary and oral, will be taken and the authenticity of the claim of the petitioner with regard to being the only bona fide, recognized, registered Madarsa can be declared by the civil court, based on which appropriate funding will be done by the State. Liberty is also granted to the petitioner to file an injunction application for restraint before the same said court.

(Ajay Kumar Tripathi, J) SKM/- U