Patna High CourtCWJC/11443/2016disposed

Md. Sagir Alam v. Chairman, Bihar State Madarsa Education Board And ORS

2016-09-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11443 of 2016 =========================================================== Md. Sagir Alam, aged about 45 years, son of Noor Mohammad, resident of VillageRahmanganj, P.S.- Phulparas, District- Madhubani at present Secretary of the Managing Committee of Madarsa Islamia (Mad. No. 1043) Rahmanganj P.S. Jhanjharpur District- Madhubani.

.... .... Petitioner

Versus

1. Chairman, Bihar State Madarsa Education Board, Patna-5, Vidyapati Marg, Patna-1.

2. Secretary, Bihar State Madarsa Education Board, Patna-5, Vidyapati Marg, Patna-1.

3. Md. Ashfaque Alam, son of Late Jamil Akhtar, Resident of Rahmanganj, P.S.- Phulparas, District- Madhubani., Secretary of Rival Managing Committee. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Alim Jang Khan, Advocate For Madarsa Board :

Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-09-2016 The only grievance which the petitioner has is that the dispute between two managing committees has been adjudicated at different levels and forums in favour of the present petitioner. However, despite such declaration and decision, the Board is not taking a final decision and in fact is encouraging the rival faction to start a fresh round of litigation.

If what has been stated is correct then it is an unacceptable position. There has to be a decision at the level of the Board keeping in mind the declaration which has emerged at the level of the Board, the Special Secretary, Department of Education, Government of Bihar and even the High Court.

Patna High Court CWJC No.11443 of 2016 dt.05-09-2016 2 / 2 Writ is disposed of with a direction upon the Chairman of the Madarsa Board that he will take a decision in accordance with law and the said decisions with regard to the status of the petitioner's managing committee within a period of eight weeks from the date of production of a copy of this order.

(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 06.09.2016 Transmission Date