Md. Zubair Alam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14217 of 2014 ======================================================

1. Md. Zubair Alam son of late Munshi Domal Ali Resident of Dogachhi Hat, P.O. Tarabari, P.S. Garbhandanga, District - Kishungunj, Secretary of the Managing Committee of Madarsa Hedayatul Islam at Dogachhi Hat, District - Kishungunj.

2. Md. Shamsul Haque son of Hasiruddin resident of village Alhyabari, P.O. - Tarabari, P.S. Garbhandanga, District - Kishungunj, Assistant Teacher, Madarsa Hedayatul Islam at Dogachhi Hat, District - Kishungunj.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resources Development Department, Bihar, Patna.

3. The Special Director, Secondary Education, Human Resources Development Department, Bihar, Patna.

4. The District Education Officer, Kishungunj.

5. The Bihar State Madarsa Education Board, 5, Vidyapati Marg, Patna through it's Secretary.

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

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

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Obaidur Rahman, Advocate For the Respondent/s :

Mr. Amit Bhushan, AC to G.P.-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Leaned counsel for the petitioners submits that the issue of the upgraded Madarsa is pending consideration before the respondent State Government as well as Madarsa Board and in fact they have contemplated enquiry but till date no tangible action was taken so that final decision on the fate of the

Patna High Court CWJC No.14217 of 2014(3) dt.10-08-2018 2/2 upgraded school be taken one way or the other. This writ petition was filed in the year 2014 but till date neither the State Government nor the Madarsa Board has filed any counter affidavit.

Under the aforesaid circumstances, the Court is constrained to dispose of the writ petition with direction to the respondent nos. 3 and 6 to take steps for completing the enquiry in relation to the status of upgraded Madarsa in the light of Annexure-5 the resolution of the State Government dated 15.02.2011 if not already concluded within a maximum period of six months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U