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Patna High CourtCWJC/17358/2010allowed

The Man.Comm.Of Madrasa Darul v. The State Of Bihar And ORS

2015-07-31Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17358 of 2010 ====================================================== The Managing Committee of Madrasa Darul Hoda at Sikrona, P. O. - Jhauwa, P.S. -Kadwa, District - Katihar through its Secretary Dr. A. Ali son of Late Rayazuddin, resident of village - Sikrona, P.S. - Kadwa, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Human Resources Development Department, Government of Bihar, Patna

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

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

5. The Bihar State Madarsa Education Board, Patna through its Secretary

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

7. The Secretary, Bihar State Madrasa Education Board, Patna 2 to 4 are at 5 Vidyapati Marg, P.S. - Kotwali, District - Patna

8. The District Education Officer, Katihar, District - Katihar

9. The Outgoing Managing Committee of the Madarsa Darul Hoda Sikrona, P.S. - Kadwa, District - Katihar through its Secretary Aijaz Ahmad, son of Late Abdul Mannan, Resident of Village - Sikrona, P.S. - Kadwa, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Anis Akhtar For the Respondent/s : Mr. (Gp13) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02.

31.07.2015 Heard learned counsel for the parties.

Taking into consideration the settled position in law that the Special Director, Secondary Education is not authorized to hear appeals against the decision of the Madarsa Board, the impugned order, contained in Annexure-11, dated 04.03.2011, annexed with the Interlocutory Application No. 1964 of 2011 is hereby set

Patna High Court CWJC No.17358 of 2010 (2) dt.31-07-2015 2/2 aside.

The writ application as well as Interlocutory Application is allowed.

(Ajay Kumar Tripathi, J.) U SKM/-