Md. Sadrul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14053 of 2023 ====================================================== Md. Sadrul Haque Son of Late Haji Jan Mohammad, Resident of VillageMajhaur, P.S.- Laukaha, District- Madhubani, the Secretary of the Managing Committee of Madarsa Monirul Islam, Majhaura, P.S. Laukaha, District - Madhubani (Madarsa No. 793).

... ... Petitioner/s

Versus

1.

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

2.

The Special Director, Secondary Education, Bihar, Patna. 3.

The Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar Colony, Sector - II, P.S. Phulwarisharif, District- Patna through its Secretary. 4.

The Chairman, Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar Colony, Sector - II, Phulwarisharif, District - Patna. 5.

The Secretary, Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar Colony, Sector- II, P.S. Phulwarisharif, District - Patna. 6.

The District Education Officer, Madhubani.

7.

The District Programme Officer (Establishment), Madhubani, District - Madhubani.

8.

The Block Education Officer, Khutauna, District- Madhubani. 9.

Muktada Hasan, Son of Tafazzul Hussain, Resident of village- Majhaura, P.S. Lukahan, District - Madhubani.

10.

Md. Noorullah, Son of Md. Luquman, Resident of village- Majhaura, P.S. Lukahan, District - Madhubani.

11.

The Head Maulvi of Madarsa Ittehadul Musleemen, Bagha, P.S. Phulparas, District - Madhubani.

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Respondent/s :

Mr.Prabhakar Jha, GP-27 For the Madarsa Board :

Mr.Shahzad Hassan Khan, Adv.

Mr.Md.Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(A) For issuance of appropriate writ/order or direction quashing the order issued under Memo

Patna High Court CWJC No.14053 of 2023(2) dt.26-02-2024 2/2 No. 1023 dated 08.07.2023 issued by the Respondent no. 4 the Chairman of the Bihar State Madarsa Education Board, Patna by which he has directed the Head Maulvi of the Madarsa to allow the Respondent no. 9 and 10 to join in the Madarsa and also to ensure payment of salary to them on the basis of the bill countersigned by the concerned Block Education Officer as contained in Annexure12 to this writ application."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 08.07.2023, passed by the Chairman, Bihar State Madarsa Education Board, Patna, by filing appropriate appeal. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the same shall be considered on merits and the Appellate Authority shall pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U