Md. Ejazuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9279 of 2018 ====================================================== Md. Ejazuddin, aged about 73 Years S/o Late Haji Mohammad Negamuddin, Secretary, Managing Commitee, Madarasa, Nematia, Baghaily, P.O.- Moharrampur, P.S.- & District- Supaul.

... ... Petitioner/s

Versus

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

2. The District Education Officer, Supaul.

3. The Bihar State Madrasa Education Board, Bihar, Patna. Through its Secretary.

4. The Chairman, Bihar State Madrasa Education Board, Patna.

5. The Secretary, Bihar State Madrasa Education Board, Patna.

6. Arsa Alam S/o Late Fasiur Rahman , Who Claims as Secretary of new managing Committee of Madrasa Nematia, Vill.- Moharrampur , P.S.- Jadia & District- Supaul.

7. Md. Zia S/o Late Jawed , Incharge Head Maulvi of Madrasa Nematia, Baghaily, P.S.- Jadia and District- Supaul.

8. Md. Imteyazuddin S/o Late Haji Md. Nezamuddin, Secretary, New Managing Committee, Madrasa Nematia, Baghaily, Moharrampur, P.S.- Jadia & DistrictSupaul.

9. Ziaul Hoda S/o Late Mohiuddin, Chairman, New Managing Commitee of Madras nematia, Baghaily, P.S.- Jadia, District- Supaul.

10. Najmul Hoda S/o Late Mohiuddin, Chairman, Managing Committee, Madrasa Nematia, Baghaily, P.S.- Jadia, District- Supual.

11. Md. Fozail Ahmad @ Aquil Ahmad S/o Late Tajamul Hussain,

12. Md. Saud Ahmad S/o Late Abdul Samad, Both Residents of Vill.- Baghaily, P.O.- Moharrampur, P.S.- Jadia & District- Supaul.

13. Md. Gauyasuddin S/o Late Shahabuddin,

14. Md. Kalim S/o Late Khaleel, Both Residents of Vill.- & P.O.- Moharrampur, P.S.- Jadia & District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed. Rizwanul Haque For the State :

Ms. Shilpa Singh, GA-12 Ms. Nitu Singh, AC to GA-12 For the Madrsa Board :

Md. Rashid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the parties.

This application has been filed for quashing of the letter no. 357A, dated 05.04.2018, issued by the respondentDistrict Education Officer, Supaul, whereby he has fixed the local inquiry in respect of the Managing Committee of Madarsa

Patna High Court CWJC No.9279 of 2018(3) dt.13-09-2018 2/2 Nematia Baghaily in the district of Supaul.

It is evident from Annexure-4 of the writ application that the petitioner claiming to be an office bearer of the Committee of the said Madarsa, had approached this Court for seeking relief, whereafter the Court had noticed that the Committee of the petitioner was given approval only for a period of six months and after expiry of the said period of six months from issuance of the office order dated 28.12.2015, the petitioner did not have any right or occasion to continue as member of the Committee.

Despite clear observation made by this Court dated 19.02.2018, the petitioner is again claiming in the present application to be the Secretary of the Managing Committee of the said Madarsa.

Repeated filing of the writ application for the nature of relief as indicated above is nothing but an abuse of the process of the Court which needs to be discuourged. This writ application is, accordingly, dismissed with a cost of Rs.10,000/- (ten thousand) to be paid by petitioner to the Madarsa Board within two months from today.

(Chakradhari Sharan Singh, J) Ashish/- U