The Managing Committee Of Madrasa Islamia Azizia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12940 of 2019 ====================================================== The Managing Committee of Madrasa Islamia Azizia Rasoolganj Mohammadpur, P.s.- Kochadhaman District Kishanganj through its Secretary Md. Khurshid Alam Male, aged about 51 years son of Late Rakimuddin resident of village Rasoolganj, P.s.- Kochadhaman District Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna 3.

The Special Secretary Education Department, Govt. of Bihar, Patna 4.

The Joint Secretary Department of Education, Govt. of Bihar, Patna 5.

The Special Director Secondary Education, Department of Education, Govt. of Bihar, Patna, Vidyapati Marg, P.s.- Kotwali, Distt.- Patna 6.

The District Education Officer Kishanganj, Distt.- Kishanganj Vidyapati Marg, P.s.- Kotwali, Distt.- Patna 7.

The Bihar State Madarsa Education Board Patna through its Secretary Vidyapati Marg, P.s.- Kotwali, Distt.- Patna 8.

The Chairman Bihar State Madarsa Education Board, Patna 9.

The Secretary Bihar State Madarsa Education Board, Patna 10.

Md. Equbal Hussain S/o Late Bahadur Hussain Resident of Vill.- Rasoolganj, P.s.- Kochadhaman, Distt.- Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad, Adv.

For the State :

Mr. Narendra Kumar, AC to G.P.-20 For Madrasa Board :

Mr. Shahzad Hassan Khan, Adv.

Mr. Md. Aslam Ansari, Adv.

For Respondent no.10 :

Mr. Abdul Manuankha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Madrasa Board and learned counsel for respondent no.10.

2. By filing the present writ application, the petitioner has prayed for issuance of appropriate writ, order or direction

Patna High Court CWJC No.12940 of 2019(8) dt.08-08-2024 2/2 quashing the order dated 16.04.2019 contained in memo no. 85 issued by the Joint Secretary, Education Department, Government of Bihar, Patna in Appeal No. 03/2018, whereby the order of Chairman of the Bihar State Madarsa Education Board, Patna has been set aside by which the dismissal order of the respondent no.10 has been approved by the Chairman of the Board.

3. Learned counsel for the Madrasa Board submits that the Managing Committee of the Madrasa was only valid for three years and now the said committee is not in existence, therefore, the writ application has become infructuous.

4. Accordingly, this writ application stands disposed of as having become infructuous.

5. However, the writ petitioner shall be at liberty to challenge the order dated 16.04.2019 contained in memo no. 85 under the signature of the Joint Secretary, Education Department, Government of Bihar, Patna in Appeal No. 03/2018.

(Anjani Kumar Sharan, J) divyanshi/- U