Manzar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17490 of 2022 ====================================================== Manzar Alam son of Late Kamu, Resident of Village-Madhopur, Post OfficeChaknathu, Police Station-Amdanda, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Government of Bihar, Patna. 3.

The Bihar State Madarsa Education Board through its Chairman, Apex Tower, Haroon Nagar, Sector-II, Phulwari Sharif, Patna. 4.

The Chairman of Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar, Sector-II, Phulwari Sharif, Patna. 5.

The Secretary of Bihar State Madarsa Education Board, Apex Tower, Haroon Nagar, Sector-II, Phulwari Sharif, Patna. 6.

District Education Officer, Bhagalpur.

7.

Block Education Officer, Sanhola Block, Bhagalpur. 8.

The Managing Committee of Madarsa Islahul Muslemin, through its Secretary, Village-Bhurakhap, Chaknathu, Via-Ekchari, District-Bhagalpur (Madarsa No. 817).

9.

The President of New Managing Committee of Madarsa Islah-Ul-Muslemin, Village-Bhurakhap, Chaknathu, Via-Ekchari, District-Bhagalpur (Madarsa No. 817).

10.

The Head Moulvi of Madarsa Islah-ul-Muslemin, Village-Bhurakhap, Chaknathu, Via-Ekchari, District-Bhagalpur (Madarsa No. 817). 11.

Shasista Khatoon, W/o Md. Inteshar Alam, presently posted as Assistant Teacher at Madarsa Islah-ul-Muslemin, Village-Bhurakhap, Chaknathu, ViaEkchari, P.S.-Amdanda, District-Bhagalpur (Madarsa No. 817). 12.

Md. Intesar Alam, S/o-Late Md. Islam, presently posted as Assistant Teacher at Madarsa Islah-ul-Muslemin, Village-Bhurakhap, Chaknathu, Via-Ekchari, P.S.-Amdanda, District-Bhagalpur (Madarsa No. 817). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Adv.

For the Respondent/s :

Mr.Jitendra Kr. Roy 1, SC-13 Mr.Jai Prabhat Kishore, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2023 The present writ petition has been filed seeking the

Patna High Court CWJC No.17490 of 2022(2) dt.26-06-2023 2/3 following reliefs:- "I. For direction to the respondents to remove respondents no. 11 from the post of Moulvi, who got educational qualification of Fokania, Moulvi and Aalim on the basis of forged education qualification of Wastania and got appointed in Madarsa of respondent no. 10 and she is working against the post of Moulvi in the Madarsa and getting salary despite of her suspension by outgoing Managing Committee of Madarsa.

II. For a direction to the respondents to remove respondents no. 12, who has been illegally appointed by his own father in capacity of Secretary of Managing Committee of Madarsha of respondent no. 10, despite of his over age for the post of Moulvi.

III. For a direction to the respondent no. 5, 7, 6 to recover the salary from respondent no. 11 and 12, from the date of payment of salary to both respondents.

IV. For a direction to the respondent no 5 and 6 to lodged an FIR against respondent's no. 11 and 12 for using forged and fabricated documents for appointment against the post of Moulvi and Inter train.

V. For direction to the respondent no. 5 & 6 to take decision against respondent no 10, who accepted joining of respondent no. 11, despite of suspension and removal from their posts."

Patna High Court CWJC No.17490 of 2022(2) dt.26-06-2023 3/3 At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his aforesaid grievances. Liberty so sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U