Managing Committee Of Madarsa Moeenya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6199 of 2016 =========================================================== Managing Committee Of Madarsa Moeenyan at Balia Buzurg, Police Station - Balia, District - Begusarai through its Secretary Iqbal Rasool, son of Md. Shamsher Ali, R/o Chhoti Balia, P.S. - Balia, District - Begusarai .... .... Petitioner/s

Versus

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

2. The Bihar State Madarsa Education Board, Bihar, Patna

3. The Chairman, Bihar State Madarsa Education Board, Patna

4. The Secretary, Bihar State Madarsa Education Board, Patna

5. The Controller of Examination, Bihar State Madarsa Education Board, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abdul Mannan Khan For the Madarsa Board:

Md. Rashid Alam =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 12-04-2016 Heard learned counsel for the parties.

Petitioner wants a mandamus upon the respondent-Bihar State Madarsa Education Board to accept form and fee for the Maulvi Examination to be conducted for the year 2016, since respondents have refused to accept the form and fee. Counsel for the Madarsa Board on the basis of the available documents and materials has categorically stated that the Madarsa in question does not have any recognition, not even of the provisional kind. Therefore, they are not legally bound to accept any form and fee and permit the students of the said Madarsa to participate in the Maulvi Examination.

Since the petitioner has decided to take admission of the

Patna High Court CWJC No.6199 of 2016 dt.12-04-2016 2/2 students on his own will, there is no obligation upon the Madarsa Board to conduct Maulvi Examination. This Court will not allow the students as an object of emotional blackmail of any kind of order for participation.

Recognition has to be there first before any institution can be permitted to deposit form and fee and allow their students to participate in the examination.

In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.04.2016 Transmission Date N/A