Managing Committee Of Madrasa Darul Quran Arbia Kardhuli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25436 of 2019 ====================================================== Managing Committee of Madrasa Darul Quran Arbia Kardhuli P.O. Karwa, P.S. Kamtaul, District Darbhanga, through its Secretary Md. Rafik (Male), Aged about 83 years, son of Late Md. Azibul, Resident of Village- Kardhuli, Post Office- Karwa, Via Basaitha, Police Station Kamtaul, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Human Resources Development, Govt. of Bihar, Patna.

2.

The Special Director of Middle Education, Education Department, Govt. of Bihar, Patna.

3.

The Bihar State Madrasa Education Board, Patna Vidiyapati Marg, Patna 800001 through its Secretary.

4.

The Chairman Bihar State Madrasa Education Board, Vidiyapati Marg, Patna.

5.

The District Magistrate, District- Darbhanga. 6.

The District Education Officer, District- Darbhanga, Bihar. 7.

The District Programme Officer (Establishment), District- Darbhanga, Bihar. 8.

The Block Development Officer Jale Block PS. Kamtaul, District Darbhanga, Bihar.

9.

The Block Education Officer Block Jale, P.S. Kamtaul, District Darbhanga, Bihar.

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

For the Petitioner/s :

Mr. Nawal Kr. Agrawal, Sr. Advocate :

Md. Soban Asghar, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra (SC 16) :

Mr. Pramod Kr. Singh, AC to SC 16 For Madarsa Board :

Mr. Shahzad Hassan Khan, Advocate :

Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2024 1.

Heard learned counsel for the parties concerned. 2.

Mr. N.K. Agrawal, learned Senior counsel for the petitioner submits that Madrasa Darul Quran Arbia at Kardhuli P.O. Karwa, P.S. Kamtaul, District Darbhanga was established

Patna High Court CWJC No.25436 of 2019(5) dt.08-01-2024 2/3 in the yer 1985 and the affiliation was granted by the Bihar State Madarsa Education Board, Patna on 30.03.1987, He further submits that the Madarsa Board prepared a list of 2459+1 Madarsas for the purposes of grant-in-aid to the Madarsas but the name of petitioner's Madarsa was not mentioned in that list though the Madarsa is having the requisite facilities including 06 kathas of land since 1988. Learned counsel next submits that a representation in this regard has been filed before the Madarsa Board by the petitioner on 18.09.2019, which is annexed as Annexure-6 to the writ application and reminder to this effect was also submitted by the petitioner, which is at Annexure-7 to the writ application, accordingly, it is submitted that the Board may be directed to verify the land and other facilities of the Madarsa for the purposes of recommending the petitionerMadarsa to the State Government for grant-in-aid. 3.

Learned counsel for the Madarsa Board submits that the representation of the petitioner shall be considered by the Board within a reasonable time frame.

4.

Taking into consideration the submissions advanced by learned counsel for the parties and the nature of dispute, I direct the Bihar State Madarsa Board to consider the representations of the petitioner at Annexures 6 and 7, in

Patna High Court CWJC No.25436 of 2019(5) dt.08-01-2024 3/3 accordance with law and pass a reasoned order, after verifying all the infrastructures and other facilities of the petitioner- Madarsa, within a reasonable time frame, preferably within a period of three months from the date of receipt/ production of a copy of this order.

5.

The present writ application stands disposed off on the aforesaid terms.

(Anil Kumar Sinha, J) rinkee/- U