Md. Jamaluddin And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19566 of 2015 ====================================================== 1.

Md. Jamaluddin, son of Md. Khalil, resident of village Kanhauli, P.S Jhanjharpur, District Madhubani.

2.

Md. Irfan, Son of Abdul Quadir, Resident of Village-Andholi. P.S Kishanpur, District Supaul.

3.

Md. Qutubbuddin, Son of Md. Ibrahim, resident of Village Goriari, P.S Phulparas , District Madhubani.

4.

Md. Shabbir Hussain, Son of Md. Zakir Hussain, Resident of Village Gonth, P.S Marona, District Supaul.

5.

Md. Imran Alam, Son of Md. Mustaque Alam, Resident of Village-Palasi,P.S Naspatganj, District Araria.

6.

Raja Ram Kumar Mandal, son of Deo Chandra Mandal, Resident of VillageRajoura Manpara,P.S Andra Math, District Madhubani. 7.

Md. Karamat, Son of late Md. Sultan, Resident of Village Mathur Goth, P.S Andra Math, District Madhubani, President Madarsa Darul Uloomat Mahthoregoth , District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

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

4.

The District Education Officer, Madhubani.

5.

The District Programme Officer (Establishment) Madhubani. 6.

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

7.

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

8.

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

9.

Md. Ilyas, Son of late Md. Fazeel, Resident of Village- Mathoregoth, P.O Mahadeo Nath, P.S. Andhramath , District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Obaidur Rahman, Advocate For the State :

Mr.Zaki Haider, A.C. to S.C.9 For the Madarsa Board :

Mr. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

Patna High Court CWJC No.19566 of 2015(4) dt.22-01-2020 2/3 ORAL ORDER 22-01-2020 Heard both sides.

The petitioners filed this writ petition to make payment of salary to the petitioners no.1 to 6 who were duly appointed on the sanctioned post of teachers in Madarsa Darul Uloom at Village Mathourgoth, District Madhubani. Learned counsel for the petitioners submits that a proposal for approval of the school was sent to the Bihar State Madarsa Education Board. The Madarsa Education Board called for a report from the District Education Officer. The District Education Officer submitted his report but the petitioners disputed the genuineness of the report. Thereafter the District Education Officer is not sending the inspection report to the Madarsa Education Board.

Learned counsel for the State submitted that by Annexure-A to the counter affidavit, the Regional Deputy Director of Education submitted report to the Madarsa Board with regard to approval of the school of the petitioners on 11.01.2018 and the same is lying with Bihar State Madarsa Education Board.

Having considered the facts, I dispose of this writ petition with a direction to the Bihar State Madarsa Education Board to take decision on the report of District Education

Patna High Court CWJC No.19566 of 2015(4) dt.22-01-2020 3/3 Officer and Regional Deputy Director of Education in accordance with law after hearing the petitioners and other sides within three months from the date of receipt of this order. With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U