Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15740 of 2019 ====================================================== Md. Abbas, S/o SK. Khalil, Resident of Village- Mathaur, P.S. Kasba, Dist. Purnea, the Secretary of the Madarsa Arshrafia Rahmania Mathaur, PS Kasba, Dist. Purnea (Madarsa No. 318) ... ... Petitioner

Versus

1.

The State of Bihar through the Director, Secondary Education, Govt. of Bihar, Patna.

2.

The Special Director, Secondary Education, Govt. of Bihar, Patna. 3.

The Bihar State Madarsa Education Board, Vidyapati Marg, Patna through its Secretary.

4.

The Chairman, Bihar State Madarsa Education Board Vidyapati Marg, Patna 5.

The Secretary, Bihar State Madarsa Education Board Vidyapati Marg, Patna 6.

The Director, Secondary Education, Govt. of Bihar, Patna. 7.

The District Education Officer, Purnea.

8.

Md. Kalimuddin, S/o Sanil, Resident of Village- Mathaur, P.S.- Kasba, Dist.- Purnea.

9.

Shahabuddin, S/o SK. Alauddin, Resident of Village- Mathaur, P.S. Kasba, Dist.- Purnea.

10.

Zahiruddin, S/o Late Sk. Jabul, Resident of Village- Kamalpur, P.S. Kasba, Dist.-Purnea.

11.

Md. Hafiz, S/o Late Khuda Baksh, Resident of Village- Thakthakiya, P.S. Kasba, Dist.- Purnea.

12.

Md. Asiruddin, S/o Late Majedullah, Resident of Village- Kaimi, P.S. Kasba, Dist.- Purnea.

13.

Md. Bakrid, S/o Late Kitab Ali, Resident of Village- Mathaur, P.S. Kasba, Dist.- Purnea.

14.

Abdul Ghaffar, S/o Late Imdad Ali, Resident of Village- Mathaur, P.S. Kasba, Dist.- Purnea.

15.

Ahmad Hussain, S/o Md. Kalimuddin, Resident of Village- Mathaur, P.S. Kasba, Dist.- Purnea.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy1, SC-13 Mr. Bijay Bhushan Prasad, AC to SC-13 For the Board :

Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner, learned

Patna High Court CWJC No.15740 of 2019(5) dt.08-08-2023 2/3 counsel for the State and learned counsel for the Bihar State Madrasa Education Board (hereinafter referred to as the 'Board').

2. By filing this writ application, this petitioner challenged memo no. 4670-74 dated 25.05.2019 issued by the Chairman of the Board by which the approval of the petitioner's Managing Committee of the Madrasa has been cancelled and the Managing Committee of Respondent Nos. 8 to 15 has been accorded approval.

3. Only yesterday, this Court has heard CWJC No. 10752 of 2023 in which the petitioner of the said case challenged a communication from the Board to the Madrasa to constitute a fresh Managing Committee in accordance with the Bihar State Non-Government Recognized Aided Madrasa Managing Committee Constitution Rules, 2022 and send the documents thereof for approval.

4. This Court has noticed that the Managing Committee which was approved in the year 2019 has already lived its life and the statutory period of three years has expired, therefore, there is nothing wrong with the communication from the Board to the Madrasa for constitution of a fresh Committee.

Patna High Court CWJC No.15740 of 2019(5) dt.08-08-2023 3/3

5. In the aforesaid view of the matter, this Court is of the opinion that this writ application has become infructuous and is being disposed of accordingly.

(Rajeev Ranjan Prasad, J) lekhi/- U