Patna High CourtCWJC/1908/2017disposed

Noor Mohammad Quasmi v. The State Of Bihar And ORS

2018-01-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1908 of 2017 ====================================================== Noor Mohammad Quasmi Son of Ramjan Ali Resident of village - Mahpatiya, P.S. Bheja, District - Madhubani.

... ... Petitioner

Versus

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

2. The Director, Primary Education, Education Department, State of Bihar, Patna.

3. The District Education Officer, Madhubani.

4. The District Programme Officer (Literacy), Madhubani.

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

6. The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Jha Raman For the Respondent/s :

Mr. Madhaw Prasad Yadav, GP 23 Ms. Meera Singh, AC to GP 23 For the Madarsa Board :

Mr. Md. Rashid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-01-2018 The impugned order, dated 04.10.2016, is, admittedly, appealable.

Learned Counsel appearing on behalf of the Bihar State Madarsa Education Board raises a preliminary objection over maintainability of this writ application on the ground of existence of said alternative remedy.

Learned Counsel appearing on behalf of the petitioner, in view of the objection taken on behalf of the Madarsa Board, seeks permission to withdraw this application with liberty to prefer appeal before the appellate authority.

Patna High Court CWJC No.1908 of 2017(3) dt.04-01-2018 2/2 In view of the stand taken on behalf of the petitioner, this application is disposed of with a liberty to the petitioner to prefer appeal against the impugned order.

If the appeal is preferred within thirty days from today, the appellate authority, while considering delay in filing of the appeal, will take into account the fact that the petitioner was pursuing his remedy before this Court.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √