Zafrul Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.886 of 2020 ====================================================== Zafrul Hussain S/o Late Md. Iliyas R.O. Balari, P.S.- Ujiyarpur, District Samastipur, Presently R/o Madarsa Islahul Muslamin Imamganj, Kadrabad, P.S. Bachhwara District Begusari.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary Department of Education, Government of Bihar, Patna. 3.

The District Education Officer, Begusarai.

4.

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

The Chairman, Bihar State Madarsa Education Board, Patna. 6.

The Secretary Madarsa Islahul Muslamin Imamganj, Kadrabad, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (SC13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2020 Heard both sides.

The petitioner filed this writ petition for quashing the advertisement as published in Kaumi Tanzeem, an Urdu Daily, on 06.12.2019 whereby applications have been called for appointments to the posts of teachers in the Madarsa Islahul Muslamin, Imamganj, Kadrabad, Begusarai including one post of Fazil.

Learned counsel for the petitioner submits that petitioner appointed as Head Moulvi and the appointment of the petitioner was duly approved by Bihar State Madarsa Education Board, Patna vide Memo No.2339-42 dated 07.08.2001 and some dispute arose between two managing committees of the Madarsa and on account of such, the advertisement has been issued inviting applications for appointment to the posts of

Patna High Court CWJC No.886 of 2020(2) dt.16-01-2020 2/2 teachers including one post of Fazil. The teachers having Fazil qualification is generally made Head Moulvi. So long as the petitioner is appointed as Head Moulvi, no teacher having Fazil qualification has been appointed in the Madarsa. Petitioner has already filed representation before the Chairman, Bihar State Madarsa Education Board, Patna on 13.12.2019 but the same has not been disposed of. A direction may be given to the Chairman, Bihar State Madarsa Education Board, Patna to dispose of the representation of the petitioner. Learned counsel for the Madarsa Board also submits that representation of the petitioner may be disposed of. Having considered the submissions of both sides, this writ petition is disposed of with a direction to the Chairman, Bihar State Madarsa Education Board, Patna to dispose of the representation of the petitioner within two months from the date of receipt of this order.

With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U