Rabia Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17435 of 2025 ====================================================== Rabia Khatoon W/o Gulam Mohammad Mustafa, resident of village- Motgah West, Baghauni, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

The Chairman, Bihar State Madarsa Education Board Patna. 3.

The Secretary, Bihar State Madarsa Education Board, Patna. 4.

The District Magistrate, Darbhanga.

5.

The District Education Officer, Darbhanga.

6.

The Block Education Officer, Block Office Baheri, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the State :

Standing Counsel 8 For Madarsa Board :

Mr.Shahbad Hassan Khan, Adv.

Mr.Md.Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-06-2026 Heard learned counsel for the petitioner and learned counsel appearing for the Bihar State Madarsa Education Board.

2. At the outset, learned counsel appearing for the Bihar State Madarsa Education Board raises an objection with regard to maintainability of the present writ application on the ground that alternative remedy was/is available to the petitioner under Section 28 of the Bihar State Madarsa Education Board Act, 1981 and since the petitioner has filed this writ application by completely bypassing the remedy provided to the petitioner under the said provision, therefore, this writ application should

Patna High Court CWJC No.17435 of 2025(3) dt.15-06-2026 2/2 not be entertained.

3. At this stage, learned counsel appearing for the petitioner submits that he is prepared to withdraw the present writ application with liberty to prefer an appeal under Section 28 of the Bihar State Madarsa Education Board Act, 1981.

4. As prayed for by learned counsel for the petitioner, the writ application is disposed of as withdrawn with liberty to the petitioner to prefer an appeal under Section 28 of the Bihar State Madarsa Education Board Act, 1981 within one month from the date of this order. If such an appeal is filed by the petitioner within the stipulated time, the same should be decided by the appellate authority in accordance with law. (Alok Kumar Sinha, J) kundan/- U