Asfaque @ Asfak @ Md. Ashfak @ Md. Asfak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16639 of 2023 ====================================================== Asfaque @ Asfak @ Md. Ashfak @ Md. Asfak Alam Son of Jamil Uddin, Resident of Village- Parwanpur, P.S- Jokihat, District- Araria, Ex-Secretary of managing Committee of Madrasa Sayeedul banat Parwanpur, P.S- Jokihat, District- Araria Madrasa no. 1218.

... ... Petitioner/s

Versus

1.

The State of Bihar through Special Secretary cum Appellate Authority, Secondary Education Department of Bihar, Patna. 2.

The Special Director, Education Department of Bihar, Patna. 3.

The Bihar State Madrasa Education Board Patna through its Secretary, Haroon Nagar, P.S- Phulwari Sharif, District- Patna. 4.

The Chairman, Bihar State Madrasa Education Board Patna, Haroon Nagar, P.S- Phulwari Sharif, District- Patna.

5.

The Secretary, Bihar State Madrasa Education Board Patna, Haroon Nagar, P.S- Phulwari Sharif, District- Patna.

6.

Mozammil @ Mujammil, Son of Aiyub, Resident of Village- Girda, P.SJokihat District- Araria, New Secretary of Managing Committee of Madrasa Sayeedful Banat Parwanpur, P.S.- Jokihat, District- Araria Madrasa no. 1218.

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar For the Respondent/s :

Mr. Subhash Chandra Mishra (Sc16) For the Madarsa Board :

Mr. Shahzad Hassan Khan, Adv.

:

Mr. Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-04-2025

1. Heard the parties.

2. The present writ application has been filed challenging the office order, dated 26.05.2023, whereby the Managing Committee of the Madarsa has been approved.

3. Learned counsel for the Board submits that under Section 28, the order passed by the Board or Chairman is appealable before the Special Secretary, Education, Govt. of

Patna High Court CWJC No.16639 of 2023(2) dt.10-04-2025 2/2 Bihar and the petitioner may file an appeal against the impugned order before the Appellate Authority with condonation of delay petition.

4. Considering the nature of prayer made in the application and the fact that the impugned order has been passed by the Board, this writ application is disposed with liberty to the petitioner to approach the Appellate Authority within a period of 30 days which shall be decided by the Appellate Authority in accordance with law.

5. Accordingly, the present writ application is disposed with the aforesaid liberty.

(Anil Kumar Sinha, J) HarshPandey/- U