Md. Nasimul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13541 of 2014 ====================================================== Md. Nasimul Haque, son of Adus Sattar, resident of village- Babla Bona, P.O.- Pardiyar via Manihari, P.S. Manihari, District- Katihar ... ... Petitioner/s

Versus

1. The State Of Bihar

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

3. The Director, Secondary Education, Department of Education, Government of Bihar, Patna

4. The Special Director, Secondary Education, Department of Education, Government of Bihar, Patna

5. The Bihar State Madarsa Board, Patna through its Secretary

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

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

8. The District Education Officer, Katihar, District- Katihar

9. The Managing Committee of Madarsa Sulaimania Babla Banna, P.S. Manihari, District- Katihar through its Secretary, Md. Abdus Sattar, son of Hazi Ishaque Biswas, Resident of Babla Banna, P.S. Manihari, District-Katihar

10. The Head Moulvi Madarsa Sulaimania Babla Banna, P.S. Manihari, District-Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad, Advocate For the Respondent/s :

Mr. Prabhat Kumar, AC to GA-XI For Madarsa Board :

Md. Rashid Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 08-08-2018 Learned counsel for the petitioner is permitted to make necessary correction during the course of the day.

2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the Madarsa Board.

3. Learned counsel for the petitioner submits that the petitioner was validly appointed against sanctioned vacant post. Referring to the judgment of this Court he submits that there is no requirement of the approval of the Madarsa Board for the appointment made by the Managing Committee.

Patna High Court CWJC No.13541 of 2014 dt.08-08-2018 2/2

4. Learned counsel for the Madarsa Board submits that the Managing Committee of the Madarsa is now non-functional and there was dispute as to the appointment of the petitioner which was favoured by the then Secretary of the Managing Committee of the Madarsa.

5. Without going into the aforesaid controversy, the writ petition is disposed of with a direction to the District Education Officer, Katihar to consider the claim of the petitioner and if it is found that he was validly appointed in accordance with law and he has actually worked, he should take step for payment of salary and pass appropriate order for payment. If necessary he may solicit information with regard to validity of the appointment of the petitioner from the Madarsa Board also. The entire exercise must be completed within a period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2018 Transmission Date