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Patna High CourtCWJC/12771/2023disposed

Md. Omar Faruque v. The State Of Bihar

2025-05-14Mr. Justice Nani Tagia2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12771 of 2023 ====================================================== Md. Omar Faruque Son of Md Sadique Ansari, resident of Village - Fatehabad, P.S. - Paru, District - Muzaffarpur, presently working as Head Maulvi, Madarasa Fathul Uloom Madarasa, Fatehabad, Madarasa no. 65, Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar Patna.

3.

The Additional Chief Secretary, Department of Education, Government of Bihar Patna.

4.

The Special Director, Secondary Education, Government of Bihar, Patna. 5.

The Chairman, Bihar State Madarasa Education Board Patna. 6.

Bihar State Madarasa Education Board Patna through its Secretary. 7.

The Secretary, Bihar State Madarasa Education Board Patna. 8.

Madarsa Fathul Uloom at village Fatehabad, Paru, District - Muzaffarpur through its Managing Committee.

9.

The Secretary, Managing Committee, Madarasa Fathul Uloom at villageFatehabad, Paru, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Saroj Kumar, Advocate For the State :

Mr. Prabhakar Jha, GP-27 For Madarsa Board1 :

Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 14-05-2025 By filing this writ petition, the petitioner has challenged the order dated 21.03.2023 issued by the Respondent No.5 / The Chairman, Bihar State Madarasa Education Board, Patna (Annexure-6), whereby one Abdul Halim has been appointed as Head Maulavi of the Madarsa.

Patna High Court CWJC No.12771 of 2023 dt.14-05-2025 2/2

2. Mr. Abdul Halim was appointed as Head Maulavi of the Madarsa by the order under challenge has, however, not been made party in the writ petition.

3. In the absence of Abdul Halim as respondent in the writ petition whose appointment as Head Maulavi of the Madarsa is under challenge, no relief sought for by the petitioner can be granted in the form and content the writ petition has been filed.

4. In that view of the matter, this writ petition is hereby disposed of with a liberty granted to the petitioner to file a fresh writ petition by impleading Abdul Halim as respondent in the writ petition, if so advised. (Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.05.2025 Transmission Date N.A.