Patna High CourtCWJC/15883/2015disposed

Md. Zahid v. The State Of Bihar And ORS

2018-12-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15883 of 2015 ====================================================== Md. Zahid Son of Late Abdul Qaiyum, resident of village and P.O. - Ghous Nagar, Via - Rampur Hari, Police Station - Runisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

2. The Bihar State Madarsa Education Board, Patna.

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

4. The District Programme Officer, Establishment, Muzaffarpur.

5. Managing Committee of Madrasa Darul Takmil, Mohalla - Chandwara, Muzaffarpur through its Secretary.

6. Secretary, Madrasa Darul Takmil, Mohalla - Chandwara, Muzaffarpur.

7. Principal cum Head Modarris, Madrasa Darul Takmil, Mohalla - Chandwara, Muzaffarpur.

8. Hafiz Md. Mahfoozur Rahman, Son of Md. Khalil, Resident of Village - Jaya, P.O. - Cirailla, P.S. - Gaighat, District -Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghib Ahsan, Sr. Advocate Mr. Sanjay Singh, Advocate Mr. Shahil Khalil, Advocate For Madarsa Bioard :

Mr. Md. Rashid Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Madarsa Board. Learned counsel for the petitioner realizing the forum available against the decision of the Madarsa Board submits that he may be granted liberty to approach the Special Secretary, Education Department, who has been authorized to hear appeal against the decision of the Madarsa Board so that the appellate authority may consider the factual as well as legal aspect of the matter and appropriately decide the grievance of the petitioner.

Patna High Court CWJC No.15883 of 2015(2) dt.20-12-2018 2/2 Considering the aforesaid, liberty is granted to the petitioner to approach the Special Secretary, Education Department who shall consider the appeal on its own merit and decide the same in accordance with law after condoning the delay in filing the appeal having regard to the fact that the present writ petition remained pending for nearly three years. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U