Harun Rashid v. The Bihar State Madarsa Education Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16662 of 2016 ====================================================== Harun Rashid Son of Md. Tahir Hussain R/o Village- Basbari, Post- Paraiya, Via- Madanpur, District- Araria.

... ... Petitioner/s

Versus

1. The Bihar State Madarsa Education Board, Patna through its Chairman.

2. The State of Bihar through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

3. The District Magistrate, Araria.

4. The District Education Officer, Araria.

5. The Madarsa Islahulnishwan Jamia Rahmania, Village- Dahogan, P.O.- Pararia, Via- Madanpur, District- Araria through its Secretary.

6. The Management Committee through its Chairman, Madarsa Islahulnishwan Jamia Rahmania, Village- Dahgoan, P.O.- Pararia, Via- Madanpur, DistrictAraria.

7. Md. Sahnawaz Son of Rajaul Haque R/o Village+Post- Parariya, ViaMadanpur, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Respondent/s :

Mr. Madanjeet Singh-Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 29-11-2018 Counsel for the petitioner seeks permission to correct the description of respondent no. 1 in the cause title.

2. Let the same be done in course of the day.

3. For providing grant to different affiliated Madarsas in the State of Bihar a communication was issued by the Principal Secretary, Human Resource Development Department on 15.02.2011 whereby the District Education Officer, Araria held an enquiry with respect to the teaching and non-teaching staff of the Madarsa namely, Islahulnishwan Jamia Rahmania, VillageDahogan, P.O.- Pararia, Via- Madanpur, District- Araria.

Patna High Court CWJC No.16662 of 2016 dt.29-11-2018 2/3 Pursuant to the enquiry conducted by the District Education Officer, Araria it is submitted by counsel for the petitioner that the name of the teaching and non-teaching staff in the said Madarsa was communicated to the Secretary, Bihar State Madarsa Education Board, Patna under his report dated 06.01.2012 wherein the petitioner has been shown at serial no. 5 in the list of teaching staff with his date of appointment as 04.01.2010.

4. Petitioner is aggrieved by the fact that second enquiry report dated 19.03.2013 has also been submitted in respect of the same Madarsa wherein in place of the petitioner's name one Md. Sahnawaz has been inserted, though from the list of teaching staff appended to the enquiry report dated 19.03.2013 it is apparent that the date of appointment of said Md. Sahnawaz is 15.08.2011 i.e., much later to the date of appointment of the petitioner. Aggrieved by the said enquiry report and the fact that pursuant thereto the Madarsa had stopped taking work from the petitioner, he approached the respondent no. 1 by his representation which is dated 06.10.2015. It is his submission that till date the respondent no. 1 has not taken any decision on the said representation, resulting in continuous deprivation on the basis of an illegal and incorrect enquiry report dated

Patna High Court CWJC No.16662 of 2016 dt.29-11-2018 3/3 19.03.2013 contrary to the earlier report dated 06.01.2012.

5. Since the issue is pending consideration before the respondent no. 1, no useful purpose would be served by keeping the instant proceeding pending. The respondent no. 3 should take a final decision on the petitioners' representation (Annexure 3) within a period of 8 weeks from the date of receipt/production of a copy of this order after hearing the parties concerned in accordance with law by a reasoned and speaking order.

6. The writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date