Md. Kafil Ahamad v. Bihar State Madarsa Education Board,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1219 of 2020 ====================================================== Md. Kafil Ahamad S/o Md. Nasiruddin, R/o Makhanpur, Narayanpur, Barahat, District- Banka, Bihar-813103.

... ... Petitioner/s

Versus

1.

Bihar State Madarsa Education Board, Bidyapati Marg, Patna, through the Secretary.

2.

The Chairman Bihar State Madarsa Education Board, Bidyapati Marg, Patna.

3.

Secretary, Bihar State Madarsa Education Board, Bidyapati Marg, Patna. 4.

Head Maulbi, Madarsa Islamia Kaithatikar (187), Narayanpur, Barahat, District-Banka.

5.

Md. Iqbal, Madarsa Islamia Kaithatikar (187), Narayanpur, Barahat, District-Banka.

6.

Secretary, Madarsa Islamia Kaithatikar (187), Narayanpur, Barahat, DistrictBanka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarva Deo Singh, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr.Shri Prakash Srivastava, Advocate For Madarsa Board :

Mr. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-09-2025 Learned counsel for the petitioner has filed the instant writ petition for quashing the order which is contained in Memo. No. 5337-39 dated 19.06.2019, by which the Chairman of the Bihar State Madarsa Education Board (hereinafter referred to as "Board") has allowed the continuity of service of the Head Maulbi and other teachers who have been found to be illegally appointed and despite adverse findings having been returned by the Three Member Committee, as contained in Memo. No. 876/Estt., Banka dated 29.03.2019, no follow up action has been taken by the Board. It has next been submitted

Patna High Court CWJC No.1219 of 2020(6) dt.16-09-2025 2/2 that the Three Member Committee report is prepared by District Programme Officer, Estt. Banka, District Programme Officer, Secondary Education, Banka and District Education Officer, Banka and despite such reports having been tabled and the persons named therein having been found to be illegally appointed, no action, till date, is said to have been taken.

2. Considering the aforesaid submissions, since the enquiry report prepared by the office of District Education Officer, Banka which is appended with the writ petition as Annexure-3, has already been tabled for necessary action, it is expected from the authorities concerned that the report which is said to have been prepared with regard to illegal appointments made by the Madarsa Managing Committee, must be brought to its logical conclusion, by affording opportunity to all such persons, who may be found to be aggrieved with the proposed action and after taking into consideration their responses. Necessary steps are required to be taken in accordance with law by bringing the dispute to its logical end.

3. The writ petition is disposed of.

(Ajit Kumar, J) K.C.Jha/- U