Patna High Court
Imran Alam & Anr vs The State Of Bihar & Ors on 23 June, 2016
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.985 of 2015
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1. Imran Alam, son of Noor Alam, resident of Mohalla - Tauzi
Tola, PO and PS Tarwara, District Siwan, presently working as
Madarsa Teacher in Madarsa Islamia Arbia, Naeemia,
Sonebarsa, Maharajganj, District Siwan
2. Md. Saquib Raza, son of Abbas Salam, resident of Purnea More,
PO Dalkola, District Utter Dinajpur, West Bengal, Presently
working as Madarsa Teacher in Madarsa Islamia Arbia,
Naeemia, Sonebarsa, Maharajganj, District Siwan
.... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Principal Secretary, Education Department, Government of
Bihar, Patna
3. The Special Director, Secondary Education, Education
Department, Government of Bihar, Patna
4. The Joint Secretary, Education Department, Government of
Bihar, Patna
5. The District Education Officer, Siwan
6. The District Programme Officer (Establishment), Siwan
7. The District Programme Officer (Secondary Education), Siwan
8. The Bihar State Madarsa Education Board, Patna, through the
Secretary
9. The Secretary, Madarsa Islamia Arbia, Naeemia, Sonebarsa,
Maharajganj, District Siwan
10. The Head Maulbi, Madarsa Islamia Arbia, Naeemia,
Sonebarsa, Maharajganj, District Siwan
.... .... Respondents
WITH
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Civil Writ Jurisdiction Case No. 5411 of 2015
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1. Md. Mashkoor Azam. Son of Maulana Abdullah. Resident of
Hardia, Post Office - Mathia Brit, Police Station - Chauradano,
District - East Champaran at Motihari.
2. Md. Jameel Akhtar. Son of Md. Muzaffar Hussain. Resident of
Village - Shankarpur, Police Station - Birpur, District - Supaul.
3. Shanaz Begum. Daughter of Abdur Rashid. Resident of Bela
Situhar, Post Office - Telwa Situhar, Via - Sukhpur, P.S.-
Sukhpur, District - Supaul.
4. Rizwan Ahmad. Son of Md. Kazim Quasmi. Resident of Parsahi,
Post Office - Nawab Baker, Police Station - Nawab Baker,
District - Supaul.
5. Md. Noorul Islam Ansari. Son of Md. Mustajab Ansari. Resident
of Surjapur, Post Office - Surjapur, Via - Pratapganj, Police
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
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Station - Pratapganj, District - Supaul.
6. Md. Shahzad Alam. Son of Md. Zeya Haroon. Resident of
Surjapur, Post Office - Surjapur, Via - Pratapganj, Police
Station - Pratapganj, District - Supaul.
7. Md. Faizur Rahman. Son of Md. Lutfur Rahman. Resident at Raj
Toli, Bhigo, Post Office - Lal Bagh, Police Station - Lalbagh,
District - Darbhanga.
8. Md. Waseemullah. Son of Mohammad Naseemullah. Resident of
Ganeshpur, Post Office - Ganeshpur, Police Station -
Ganeshpur, District - Supaul.
9. Md. Noore Nabi. Son of Md. Salim. Resident of Chainpur. Post
Office - Chainpur, Via - Dhaka, Police Station - Dhaka, District -
East Champaran.
10. Abid Equbal. Son of Md. Motiullah. Resident of Bara Deh
Bairiya, Post Office - Bairiya, Via - Kesaria, Police Station -
Pratapganj, District - East Champaran at Motihari.
11. Zobair Ahmad. Son of Noor Ahmad. Resident of Bhogari,
Post Office - Barwa, Via - Majhaulia, Police Station - Majhaulia,
District - West Champaran at Bettiah.
12. Zahid Hussain. Son of Md. Alim. Resident at Pakhi Andhra,
Post Office - Adapur, Police Station - Adapur, District - East
Champaran at Motihari.
13. Md. Anwarul Haque. Son of Abndul Latif. Resident of Do ho
Soho, Post Office - Pakaria, Choura Dano, Police Station -
Choura Dano, District - East Champaran at Motihari.
14. Abshar Faiz. Son of Sk. Reyazul Haque. Resident of
Sukhlahi, Post Office - Bhalohiya Via - Maina Tand, Police
Station - Maina Tand, District - West Champaran at Bettiah.
15. Md. Nezamullah. Son of Md. Fida Hussain. Resident at
Bathan Parsa, Post Office - Batha Parsa, Police Station - Batha
Parsa, District - Madhepura.
16. Ajaz Kareem. Son of Abdus Sami. Resident of Ratwara, Post
Office - Ratwara Via - Hayaghat, Police Station - Hayaghat,
District - Samastipur.
17. Md. Qamar Alam. Son of Abdul Qaiyum. Resident of Amma
Mori, Post Office - Dhankaul, Police Station - Dhankaul, District
- Vaishali.
18. Md. Farooque. Son of Md. Mumtaz. Resident of Lakhnipur,
Post Office - Modadih, Police Station - Modadih, District -
Vaishali.
19. Zafar Alam. Son of Mahboob Alam. Resident at Chak Aulia,
Post Office - Chapaith, Police Station - Chapaith, District -
Vaishali.
20. Md. Marghoob Alam. Son of Md. Quismat Ali. Resident of
Bardaha, Post - Bouram, Via - Biraul, Police Station - Jamalpur,
District - Darbhanga.
21. Rahamatullah Arfi. Son of Maulana Zafarollah Rahmani.
Police Station - Ghaysyampur. Resident of Harsingpur, District
- Darbhanga.
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22. Tanweer Alam. Son of Md. Zeyaullah. Resident of Bahdura,
Post Office - Hardia, Via - Singhia, Police Station - Singhia,
District - Samastipur.
23. Abdul Malik. Son of Md. Abdul Sattar. Resident of Raj
Khand, Post Office - Shambhu Patti, Police Station -
Shambhupatti, District - Samastipur.
24. Shaghufta Majeed. Son of Abdul Hafeez. Resident of
Birdhipur, Post Office - Birdhipur, Police Station - Birdhipur,
District - Darbhanga.
25. Naushad Alam. Son of Md. Tauheed. Resident at Chirounta,
Post - Salha Bujurg, Police Station - Salha Bujurg, District -
Samastipur.
26. Md. Ahmad. Son of Md. Shriffuddin. Resident of Chirounta,
Post - Salha Bujurg, Police Station - Salha Bujurg, District -
Samastipur.
27. Md. Sibghatullah. Son of Zabiullah. Resident of Chirounta,
Post - Salha Bujurg, Police Station - Salha Bujurg, District -
Samastipur.
28. Zulekha Parveen. Daughter of Reza Ahmad. Resident of
Kahda, Post Office - Rupauli, Police Station - Rupauli, District -
Samastipur.
29. Ghazala Perveen. Daughter of Md. Quamruzama. Resident
of Panjabi Colony, Police Station - Samastipur (Town), District -
Samastipur.
30. Syed Zeyaur Rahman. Son of Syed Nijibur Rahman.
Resident at Jitbarpur, Police Station - Samastipur, District -
Samastipur.
31. Md. Sabir Hussain. Son of Abdul haque. Resident of Village -
Fatehan, Police Station - Motipur, District - Muzaffarpur.
.... .... Petitioners
Versus
1. The State of Bihar.
2. The Chief Secretary, Government of Bihar, Old Secretariat,
Patna.
3. The Principal Secretary, Education Department, Government of
Bihar, New Secretariat (Bikas Bhawan), Patna.
4. The Principal Secretary, Finance Department, Government of
Bihar, Old Secretariat, Patna.
5. The Joint Secretary, Education Department, Government of
Bihar, New Secretariat (Bikas Bhawan), Patna.
6. The Director, Secondary Education, Government of Bihar, New
Secretariat (Bikas Bhawan), Patna.
7. The Special Director, Secondary Education, Government of
Bihar, New Secretariat (Bikas Bhawan), Patna.
8. The District Education Officer, East Champaran at Motihari.
9. The District Education Officer, Muzaffarpur.
10. The District Education Officer, Supaul.
11. The District Education Officer, Vaishali.
12. The District Education Officer, Samastipur.
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13. The Bihar State Madarsa Education Board, Patna through
Secretary.
14. The Chairman, Bihar State Madarsa Education Board, Patna.
15. The Secretary, Bihar State Madarsa Education Board, Patna.
.... .... Respondents
WITH
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Civil Writ Jurisdiction Case No. 15299 of 2015
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1. Rajnikant Kumar Son of Shri Ram Kishore Sharma Resident of
village - Uphara, P.S. Uphara, District - Aurangabad
2. Kundan Pandey Son of Shri Sanjay Pandey Resident of village
- Biraj Bigha, P.S. Amba, District - Aurangabad Both are
presently Posted as an Assistant Teacher and Clerk respectively
in Shree Rajendra Sanskrit High School, Manpur, Muffasil, Gaya
.... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Human
Resources Development Department, Bihar, Patna
2. The Special Director, SEcondary Education, Bihar, Patna
3. The Bihar Sanskrit Education Board, Boring Canal Road, Patna
through its Secretary
4. The Chairman, Bihar Sanskrit Education Board, Boring Canal
Road, Patna
5. The District Education officer, Gaya
6. The District Programme Officer, Gaya
7. The Secretary of the Managing Committee of Shree Rajendra
Sanskrit High School, Manpur, Muffasil, Gaya
.... .... Respondents
WITH
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Civil Writ Jurisdiction Case No. 17445 of 2015
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1. Md. Alam Son of Azimuddin, Resident of Village and P.O.
Moudho, P.s. - Kochadhaman, District - Kishanganj, presently
working as Madarsa Teacher in madarsa Maidinatul Uloom
Moudho, Madarsa No. 472, District - Kishanganj.
2. Zafer Alam, Son of Alimuddin, Resident of Village - Khaikhat,
P.O. - Lohagara Hat, P.s. - Bahadurganj, District - Kishanganj,
presently working a sMadarsa Teacher in Madarsa Quaisimul
Uloom, Khaikhat, Madarsa No. 511, District - Kishanganj.
3. Md. Shamshad Alam, Son of Shafiur Rahman, Resident of
Village - Tegharia, P.O. - Gangia Hat, P.s. - Kochadhaman,
District - Kishanganj, presently working as Madarsa Techer in
the Madarsa Mufidul Islam Tegharia, District - Kishanganj.
4. Md. Sabih Sarwar, Son of Ghulam Sarwar, Resident of Village
- Tegharia, P.O. - Kanhiabari, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in madarsa
Mufidul Islam Tegharia, Madarsa No. 484, District - Kishanganj.
5. Tanwer Alam, Son of Abdul Haque, Resident of Village -
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Kamalpur, P.O. - alta Hat, District - Kishanganj, presently
working as Madarsa Teacher in Madarsa Karmia Kamalpur,
Madarsa No. 516, District - Kishanganj.
6. Md. Rizwan Nasir, Son of Abdur Raheem, Resident of Village -
Musaldenga, P.O. - Rupni Hat, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Islamia, Musaldenga, Madarsa No. 471, District - Kishanganj.
7. Md. Nahid Alam, Son of Md. Mojeebur Rahman, Resident of
Village -Musaldenga, P.O. - Rupni Hat, P.S. - Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Islamia, Musaldenga, Madarsa No. 471, District -
Kishanganj.
8. Abdus Salam, son of Haider Ali, Resident of Village - Jhinga
Katta, P.O. - Mahisbathna, P.S. - Bahadurganj, district -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Talimul Quran, Jhinga Katta, Madarsa No. 715, District -
Kishanganj.
9. Md. Abid Hussain, son of Md. Samsuddin, Resident of Village -
Jhinga Katta, P.O. Mahisbathna, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in madarsa,
Talimul Quran Jhinga Katta, Madarsa No. 715 District -
Kishanganj.
10. Md. Shahbaz Alam, son of Alimuddin, Resident of Village -
Kamati, P.O. - Tarabari, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa,
Mahmoddul Uloom, Kanta Tarabari, Madarsa No. 554, District -
Kishanganj.
11. Md. Nadeem Anwar, Son of Md. Abdul Hasanat, Resident
of Village - Tegharia, P.O. - Gangi Hat, P.S. - Kochadhaman,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Jamia Jamhuria Islamia Kutti, Madarsa No. 474,
District - Kishanganj.
12. Md. Salman, Son of Saiyed manzoorul Jalil, Resident of
Village - Pipaltora, P.O. o- Kutti Gola, P.S. Kochadhaman,
District - Kishanganj, presently working as Madarsa Teacher in
madarsa Jamia Jamhuria Kutti, Madarsa No. 474, District -
Kishanganj.
13. Md. Riyaz Muzaffar, Son of Late Abu Muzaffar Hussain,
Resident of Village - Halamala, P.O. Belwa Hat, P.s. -
Kishanganj, District - Kishanganj, presently working as
Madarsa Teacher in Madarsa Shamsul Uloom, Kumhia, Madarsa
No. 518, District - Kishanganj.
14. Izhar Anjum, Son of Md. Nazamuddin, Resident of Village -
H. N. Kumhia, P.O. Lohagara Hat, P.S. Kochadhaman, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Shamshul Uloom, Kumhia, Madarsa No. 518 District -
Kishanganj.
15. Md. Shakil Ahmad Anjum, Son of Late Md. Habibur
Rahman, Resident of Village - Kumhia, P.O. - Lohagara Hat,
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P.s. - Bahadurganj, District - Kishanganj, presently working as
Madarsa Teacher in madarsa Samsul Uloom, Kumhia, Madarsa
No. 518, District - Kishanganj.
16. Md. Imran, son of Md. Mahboob Alam, Resident of Village -
Chorcutta Kurhela, P.O. and P.S. Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Rezaul Uloom, Chorcutta, Madarsa No. 485, District -
Kishanganj.
17. Md. Mokim, Son of Md. Qurban Ali Resident of Village -
Chorcutta Kurhela, P.O. and P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Rezaul Uloom Chorcutta, Madarsa No. 485, District -
Kishanganj.
18. Md. Amanullah, Son of Md. Munshi Nasiruddin, Resident of
Village - Dohmoni, P.O. - Bangawan Hat, P.S. Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Wahidia Izharul Uloom, Chandowar, Madarsa No. 771,
District - Kishanganj. Madara
19. Md. Minnatullah, Son of Tahir Failat, Resident of Village -
Shakur, P.O. - Natwapara, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Fazilatul Uloom Shankur, Madarsa No. 445 District -
Kishanganj.
20. Md. Asghar Ali, Son of Hasibur Rahman, Resident of
Village - Shakur, P.O. - Natwapara, P.s. - Bahadurganj, District
- Kishanganj, presently working as Madarsa Teacher in Madara
Fazilatul Uloom, Shankur, Madarsa No. 445, District -
Kishanganj.
21. Md. Salman Akhtar, Son of Hasibur Rahman, Resident of
Village - Shakur, P.O. - Natwapara, P.S. - Bahadurganj, District
- Kishanganj, presently working as Madarsa Teacher in
Madarsa Fazilatul Uloom, Shakur, Madarsa No. 445, District -
Kishanganj.
22. Iqbal Ahmad Rizvi, sonof Abdul Shakur, Resident of Village
- Maskuna Khari Basti, P.O. Tulsi, P.S. - Bahadurganj, District -
Kishanganj, presently working as Madarsa Teacher in madarsa
Abre Rahmat, Haltaban, Madarsa No. 573 District - Kishanganj.
23. Md. Manirul Islam, son of Sohrab Ali Biswas, Resident of
Village - Haltabin, P.O. - Dighal Bank, P.S. - Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Abre Rahmat, Haltaban, madarsa No. 573, District -
Kishanganj.
24. Md. Munazir Hussain, Son of Farooque Alam, Resident of
Village - Desya Toli, P.O. Meherganj, P.S. - Kishanganj, District
- Kishanganj, presently working as Madarsa Teacher in
Madarsa Zahooria Mazharul Uloom, Desya Toli Madarsa No.
546 District - Kishanganj.
25. Md. Tanseer Alam, Son of Md. Islamuddin, Resident of
Village - Muradpur Siktehar, P.O. Sontha, P.S. Bahadurganj,
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District - kishanganj, presently working as Madarsa Teacher in
Madarsa Darul Uloom, Muradpur, Madarsa No. 547, District -
Kishanganj.
26. Md. Awais Alam, Son of Hasibur Rahman, Resident of
Village - Phulwari, P.O. - Terhagachh, P.S. - Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Rahmania Bhora, Madara No. 604, District -
Kishanganj.
27. Md. Tauqeer Alam, Son of Hafizuddin, Resident of Village -
Saria, P.O. - Sontha, P.S. - Sontha, District - Kishanganj,
presently working as Madarsa Teacher in Madarsa Mambaul
Uloom Saria, idgah, madarsa No. 462, District - Kishanganj.
28. Ansar Ahmad, Son of Jawadul haque, Resident of Village -
Saria, P.O. - Santha, P.S. - Santha, District - Kishanganj,
presently working as Madara Teacher in Madarsa Mambaul
Saria Idgah, madarsa No. 462, District - Kishanganj.
29. Md. Afaque Hasan, Son of Md. Hasan Ali, Resident of
Village - Bangama, P.O. - Lohagara Hat, P.S. - Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Islamia Faizul Goraba Lohagara, Madarsa No. 468,
District - Kishanganj.
30. Md. Rizwanul Hasan, Son of Moulvi Lukman, Resident of
Village and P.O. Haldi Khora, P.S. - Kochadhamn, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Islamia Faizul Goraba, Sehangaon Hat, Madara No. 448,
District - Kishanganj.
31. Md. Manaur Hussain, Son of Md. Wahidur Rahman,
Resident of Village - Hazi Tola, P.O. - Bhorahdah Bahadurganj,
P.S. - Bahadurganj, District - Kishanganj, presently working as
Madara Teacher in Madarsa Misbah Uloom Wahidia, Kazi tola
Bhoradah, Madarsa No. 1242, District - Kishanganj.
32. Abdul Halim, Son of Md. Yasim, Resident of Village - Sarti
Kamati, P.s. - Jhala, P.S. - Bahadurganj, District - Kishanganj,
presently working as Madarsa Teacher in Madarsa Talimul
Islam, Nankar Kamati, madarsa No. 441, District - Kishanganj.
33. Md. Zawed Ahsan, Son of Late Kalimuddin, Resident of
Village - Khan mangura, P.O. - Mangura, P.S. - Dighal Bank,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Imdadia, Mangura Karwamoni, Madarsa No. 510,
District - Kishanganj.
34. Md. Ajmal Hussain, Son of Late Sameeruddin, Resident of
Village - Khan mangua, P.O. - Mangura, P.s. - Dighal Bank,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Imdadia, Mangura Karwamoni, Madarsa No. 510,
District - Kishanganj.
35. Md. Qaiser Alam, Son of Mojibur Rahman, Resident of
Village - Gagirdahi Bath, P.O. - Tulsia, P.S. - Dighal Bank,
District - kishanganj, presently working as Madarsa Teacher in
Madarsa Islamia, Rangapani Dabi Bath, Madarsa No. 586,
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District - Kishanganj.
36. Md. Aquil Son of Samiruddin Resident of Village - Gagir Dahi
Bath, P.O. - Tulsia, P.S. - Dighal Bank, District - kishanganj,
presently working as Madarsa Teacher in Madarsa Islamia,
Rangapani Dabi Bath, Madarsa No. 586, District - Kishanganj.
37. Md. Ashfaque Alam Son of Khairuddin Resident of Village -
Musatafaganj, P.O. - Tulsia, P.S. - Dighal Bank, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Islamia, Rangapani Dabi Bath, Madarsa No. 586, District -
Kishanganj.
38. Md. Ilyas Alam Son of Bashiruddin Resident of Village -
Dangi Para Singhia, P.O. - Lohagara Hat, P.S. - Bahadurganj,
District - Kishanganj, presently working as Madarsa Teacher in
Madarsa Talimul Islam Mohammad Nagar, Madarsa No. 580,
District - Kishanganj.
39. Mahir Anjum Son of Late Zaffar Alam Resident of Village -
Gargaon Milik, P.O. - Lohagara Hat, P.S. - Bahadurganj, District
- Kishanganj, presently working as Madarsa Teacher in
Madarsa Nursahil Islam, Gargaon, Madarsa No. 500 District -
Kishanganj
40. Md. Alamgir Son of Md. Arfan Ali Resident of Village - Chura
Kutti Bairbanna, P.O. - Padampur, P.S. - Dighal Bank, District -
Kishanganj, presently working as Madarsa Teacher in Madarsa
Anwarul Uloom, Duwadangi, Madarsa No. 1229, District -
Kishanganj
41. Shafiuzzaman, Son of Abdul Ghafoor Resident of Village -
Dhobinia, P.O. - Shisha Babav, P.O. - Southa, District - Purnea,
presently working as Madarsa Teacher in Madarsa Gulshane
Ajmer Khanqua, Ghaffaria, Ravhabavi, Madarsa No. 439,
District- Kishanganj
42. Abdul Musavvir, Son of Zameel Akhtar Resident of Village -
Dulali, P.O. - Bangama, P.S. - Bahadurganj, District -
Kishaganj, presently working as Madarsa Teacher in Madarsa
Madinatul Uloom, Dulali, Madarsa No. 565, District -
Kishanganj
43. Md. Jahangeer Alam, Son of Saifuddin Resident of Village -
Dulali P.O. - Bangama, P.S. - Bahadurganj, District - Kishaganj,
presently working as Madarsa Teacher in Madarsa Madinatul
Uloom, Dulali, Madarsa No. 565, District - Kishanganj
44. Md. Imam Hussain Son of Md. Usman Khan Resident of
Village - Usmanpur, P.O. - Ratanpura, P.S. - Laheriasarai,
District - Darbhanga, presently working as Madarsa Teacher in
Madarsa Hamidia Quila Ghat, Darbhanga, Madarsa No. 100,
District - Darbhanga
45. Md. Qutbuddin Reza Son of Md. Bashirul Quadri Resident of
Village - Bedarbana, District - Darbhanga, presently working as
Madarsa Teacher in Madarsa Hamida Quila Ghat, Darbhanga,
Madarsa No. 100, District - Darbhanga
46. Md. Mojahidul Islam Son of Abdus Salam Resident of Village
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- Sainapath Quilaghat,District - Darbhanga, presently working
as Madarsa Teacher in Madarsa Hamida Quila Ghat,
Darbhanga, Madarsa No. 100, District - Darbhanga
47. Md. Hasnain Son of Md. Moinuddin Siddiqui Resident of
Village & P.O. - Loam, District - Darbhanga presently working
as Madarsa Teacher in Madarsa Islamia Amania, Loam,
Madarsa No. 103, District - Darbhanga
48. Md. Sayeeduzzaman Son of Md. Shoaib Resident of Village
& P.O. - Brahampur, P.S. - Ratanpur, District - Darbhanga,
presently working as Madarsa Teacher in Madarsa Falahul
Banat, Pilkhwara, Madarsa No. 903, District - Darbhanga
49. Md. Amanullah Son of Md. Quasim Resident of Village -
Ijrahta, P.O. - Lohta, District - Darbhanga, presently working
as Madarsa Teacher in Madarsa Falahul Muslemin, Ijrahta,
Madarsa No. 1059, District - Darbhanga
50. Md. Kalimullah Son of Md. Abdullah Resisent of Village -
Mirzapur, P.O. - Dhamsain, District - Darbhanga, presently
working as Madarsa Teacher in Madarsa Furquania
Baghelaghat, Madarsa No. 106, District - Darbhanga
51. Md. Shahzad Alam, Son of Md. Ilyas, Resident of Village -
Mirzapur, P.O. - Dhamsain, District - Darbhanga presently
working as Madarsa Teacher in
52. Md. Mirza Reyaz Baig, Son of Mirza Salim Baig, Resident of
village and P.O. - Garri, District - Darbhanga, presently
working as Madarsa TEacher in Madarsa Rahmania, Garri
Madarsa No. 111, District - Darbhanga.
53. Md. Faizur Rahman, Son of Md. Ataur Rahman, Resident of
Village and P.O. - Garri, District - Darbhanga, presently
working as Madarsa TEacher in Madarsa Rahmania Garri,
madarsa No. 111, District - Darbhanga.
54. Equbal Ahmad, Son of Habib Ansari, Resident of Village
and P.o. Gowapokhar, Bhowara, District - madhubani,
presently working as Madarsa Teacher in madarsa Islahia Nam
Nagar, Nabtolia, Madarsa No. 107, District - Darbhanga.
55. Mazhar Asif, Son of Ghulam Murtaza Quasoor, Resident of
Village and P.O. - Kakorha, District - Darbhanga, presently
working as Madarsa TEacher in Madarsa Islahia, Nam Nagar,
Nabtolia, Madarsa No. 107, District - Darbhanga.
56. Md. Gulam Hussain, Son of Md. Phool Hussain, Resident of
Village and P.O. - Dhamsain, District - Darbhanga, presently
working as Madarsa Teacher in Madarsa Islahia, Nam Nagar,
Nabtolia, Madarsa No. 107, District - Darbhanga.
57. Md. Irshad Alam, Son of Md. Wakil, Resident of Village -
Ram Nagar, P.O. - Ram Nagar, Dhunsi, P.S. - Bahera, District -
Darbhanga, presently working as Madarsa TEacher in Madarsa
Islahia, Nam Nagar, Nabtolia, madarsa No. 107 District -
Darbhanga.
58. Md. Nasrullah, Son of Md. Rahmatullah, Resident of Villaeg
- Mirzapur, P.O. - Dhamsain, District - Darbhanga, presently
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
10/30
working as Madarsa Teacher in Madarsa Islahia, Nam Nagar,
Nabtolia, Madarsa No. 107, District - Darbhanga.
59. Md. Ibne Ali, Son of Md. Yusuf Ali, Resident of Village and
P.O. Barhi, District - Darbhanga, presently working as Madarsa
TEacher in madarsa Badrul Uloom, Barhi, Madarsa No. 101,
District - Darbhanga.
60. Md. Anzar, Son of Md. Izharul Haque, Resident of Village
and P.O. - Barhi, District - Darbhanga, presently working as
Madarsa Teacher in madarsa Badrul Uloom, Barhi, Madarsa No.
101, District - Darbhanga.
61. Md. Ikramul Haque, son of Md. Elahi Bakhsh, Resident of
Village an P.O. Dhamsain, District - Darbhanga, presently
working as Madarsa Teacher in madarsa Furquania, Baghela
Ghat, Madarsa No. 106, District - Darbhanga.
62. Md. Arif, Son of Abdul Wahid, Resident of Village - Barh
Samaila, P.O. - Samaila, District - Darbhanga, presently
working as Madarsa Teacher in Madarsa Ahmadia Salfia,
Laheriasarai, Madarsa No. 102, District - Darbhanga.
63. Aftab Alam, Son of Md. Usman, Resident of Village, P.O.
and P.S. Babu Barhi, District - Madhubani presently working as
Madarsa TEacher in Madarsa Hemayatul Islam, Mohammadpur,
Madarsa No. 177, District - Madhubani.
64. Md. Askandar Rizwan, Son of Md. Nasibul Haque, Resident
of Village - Mohammadpur, P.O. - Maqsooda, P.S. - Pandaul,
District -Madhubani, presently working as Madarsa Teacher in
Madarsa Teacher in Madarsa Hemayatul Islam, Mohammadpur,
Madarsa No. 177 District - Madhubani.
65. Md. Asgar Kamal, Son of Md. Merajul Haque, Resident of
Village - Mohammadpur, P.O. - Maqsooda, P.S. - Pandaul,
District - madhubani, presently working as Madarsa Teacher in
Madarsa Hemayatul Islam, Mohammadpur, Madarsa No. 177,
District - Madhubani.
66. Md. Jamil ahmad, Son of Md. Sohail Ahmad, Resident of
Village and P.o. Balant Maqsuda, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Azharul
Uloom, Balant Maqsuda, Madarsa No. 1045, District -
Madhubani.
67. Md. Izharul Hoda, Son of Md. Ayub, Resident of Village
and P.O. Kharra, District - Madhubani, presently working as
Madarsa Teacher in Madarsa Chashma - e- Rahmat Kharra,
Madarsa No. 158, District - Madhubani.
68. Md. Badiuzzamn son of Hafiz Md. Ayub All residents of
Village - Momindpur, P.O. and P.S. Pandaul, District -
Madhubani, presently working as Madarsa Teacher in Madarsa
Chashma - e- Rahmat, Kharra, Madarsa No. 158, District -
Madhubani.
69. Md. Shahzada son of Md. Ibrar Ahmad Resident of village
and P.O. Balant Maqsooda, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Chashma - e- Rahmat
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Kharra, Madarsa No. 158, District - Madhubani.
70. Firoz Alam son of Faquir Mohammad Resident of village -
Quazyahi, P.O. Benta, P.S. Khajauli, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Noorul Hoda,
Quazyahi, Madarsa No. 143, District - Madhubani.
71. Shamim Ahmad son of Abdul Majid Resident of village -
Quazyahi, P.O. Benta, P.S. Khajauli, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Noorul Hoda,
Quazyahi, Madarsa No. 143, District - Madhubani.
72. Md. Shahbuddin son of Md. Qurban Ali Resident of village
and P.O. Garah, P.S. Khajauli, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Noorul Hoda,
Quazyahi, Madarsa No. 143, District - Madhubani.
73. Naseem Ahmad son of Ataur Rahman Resident of village -
Parsauni, P.S. Benipatti, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Ashraful Uloom,
Parsauni, Madarsa No. 131, District - Madhubani.
74. Md. Mosharaf Reza son of Amjad Hussain, Barkati, Resident
of village, P.O. and P.S. Laukaha, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Tanzeemul
Musalameen, Laukaha, Madarsa No. 140, District - Madhubani.
75. Md. Mustafa son of Md. Tahir Ansari Resident of village -
Rajghatta, P.O. and P.S. Barari, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Islahul Muslemin,
Rajghatta, Madarsa No. 1012, District - Madhubani.
76. Rizwan Ahmad son of Faiyaz Ahmad Resident of village -
Satrupatti, P.O. Sara Routi, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Minnatul Islam,
Satrupatti, Madarsa No. 155, District - Madhubani.
77. Md. Sharfuddin son of Maulana Mohiuddin Resident of
village - Peprolia, P.O. Araria Sangram, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Ahmadia,
Momin Tola, Madarsa No. 121, District - Madhubani.
78. Md. Imdadullah son of Md. Habibullah Resident of village -
Hijratpur, P.O. Bhowara, District - Madhubani, presently
working as Madarsa Teacher in Madarsa Islahul Momenin,
Ragho Nagar, Bhowara, Madarsa No. 125, District -
Madhubani.
79. Hafiz Md. Nazim son of Md. Sadrul Haque Resident of village
and P.O. Hussainpur, P.S. Rahika, District - Madhubani,
presently working as Madarsa Teacher in Madarsa Faize-Aam,
Sayeedia, Hussainpur, Madarsa No. 763, District - Madhubani.
80. Sanaullah son of Samiullah Resident of village - Rampur
Khurd, P.O. Garah, District - Sitamarhi, presently working as
Madarsa Teacher in Madarsa Faize Aam Sayeedia, Hussainpur,
Madarsa No. 763, District - Madhubani.
81. Md. Safiullah Razi son of Md. Muneer Alam Resident of
village - Maula Nagar, P.O. Awapur, P.S. Bajpatti, District -
Sitamarhi, presently working as Madarsa Teacher in Madarsa
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Darul Banat, Maula Nagar, Madarsa No. 1015, District -
Madhubani.
82. Ahtishan Sadique, Son of Sadique Hussain, Resident of
Village - Maula Nagar, P.O. - Awapur, P.S. - Bajpatti, District -
Sitamarhi, presently working as Madarsa Teacher in Madarsa
Jamia Islamia, Awapur, Madarsa No. 63, District - Sitamarhi.
83. Syed Hussain, Ahmad Rizvi, Son of Syed Leyaquat Hussain
Rizvi, Resident of Village - Gopalpur, P.O. - Baquarganj,
District - Siwan, presently working as Madarsa Teacher in
Madarsa Sulemania, Nawab Bahadur Road, Patna City, Madarsa
No. 01, District - Patna.
84. Shamshad Ali, Son of Phool Mohammad, Resident of
Village - Ushri Khurd, P.O. and P.S. - Hasanpur, District -
Siwan, presently working as Madarsa Teacher in Madarsa
Sulemania, Nawab Bahadur Road, patna City, madarsa No. 01
District - Patna.
85. Syed Dildar Hussain, Son of Syed Wasi Haider, Resident of
Village - Salim Patti, P.O. and P.S. - Ekma, District - Saran,
presently working as Madarsa Teacher in Madarsa No. 01,
District - Patna.
86. Md. Aftab Alam, Son of Md. Khrshid Anwar, Resident of
Village - jai Nagar, P.O. and P.S. Mansahi, District - katihar,
presently working as Madarsa Teacher in Madarsa Islahul
Muslmeen, Chitoria, Madarsa No. 630, District - Katihar.
87. Mobarak Hussain, Resident of Mansoor Alam, Resident of
Village - Kathotia,P.O. - Jagdishpur, P.S. - Barari, District -
katihar, presently working as Madarsa Teacher in Madarsa
Darul Hoda, Kathotia, Madarsa No. 627, District - Katihar.
88. Saydur Rahman, Son of Md. Ataur Rahman, Resident of
Village - Baidyanathpur, P.O. - Chowk Chama, P.S. - amdabad,
District - Katihar, presently working as Madarsa Teacher in
Madarsa Darul Hoda, Kathotia, Madarsa No. 627, District -
Katihar.
89. Md. Ragib Hussain, Son of Late Md. Abdur Rauf, Resident
of Village and P.O. Nawabganj, P.s. Manihari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Islamia
Nawabganj, Madarsa No. 1201, District - Katihar.
90. Zubair Hussain, Sonof Md. Emam Hussain, Resident of
Village - Shiv Nagar, P.O. - Dighree, District - Katihar,
presently working as Madarsa Teacher in Madarsa Mahmoodia,
Shiv Nagar, Madarsa No. 659, District - Katihar.
91. Akmal Hussain, Son of Abdul Rashid, Resident of Village -
Tinpania,P.O. - Khairia, District- Katihar, presently working as
Madarsa Teacher in Madarsa Mahmoodia, Shiv Nagar, Madarsa
No. 659, District - Katihar.
92. Md. Abid Hussain, Son of Abdul Qadir, Resident of Village -
Mazrahi, P.O. - Belbari, Distrit - Katihar, presently working as
Madarsa Teacher in Madarsa Quadria, Singhol, Madarsa No.
1168, District - Katihar.
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93. Md. Tanweer Alam Raza, Son of Md. Jafar Alam, Resident
of Village - Khopra, P.O. - Belbar8i, P.S. - Azam Nagar, District
- Katihar, Preseently working as Madarsa Teacher in Madarsa
Quadria, Singhol, Madarsa No. 1168, District -Katihar.
94. Md. Zamilur Rahma, Son of Md. Nuruddin, Resident of
Village - Amirabad, P.O. - Kantokosh, P.S. - Manihari, District -
Katihar, presently working as Madarsa Teacher in Madarsa
Kasheful Uloom, Amirabad, Madarsa No. 953, District - Katihar.
95. Md. Rizwan, Son of Md. Abu Bakar, Resident of Village -
Amirabad, P.O. Kantokosh, P.S. Manihari, District - katihar,
presently working as Madarsa Teacher in Madarsa Kasheful
Uloom, Amirabad, Madarsa No. 953, District - Katihar.
96. Asim Siddiqui, Son of Abdul Bari, Resident of Village -
Amirabad, P.O. - Kantokosh, P.S. - Manihari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Kasheful
Uloom,Amirabad, Madarsa No. 953, District - Katihar.
97. Md. Hassan, Son of Md. Sahimuddin, Resident of Village -
Chanpi, P.O. and P.S. - Rautara, District - Katihar, presently
working as Madarsa TEacher in Madarsa Anzuman Islamia,
Rautara, Madarsa No. 699, District - Katihar.
98. Md. Ghulam Sarwar, Son of Md. Suleman, Resident and
P.O. - Dhoom Nagar, District - Katihar, presently working as
Madarsa Teacher in Madarsa Firdosia Queasimul Uloom,
Ghordah Hat, Madarsa No. 1193, District - Katihar.
99. Md. Muslim, Son of Md. Sultan, Resident of Village -
Dumaria, P.O. - Sukhasan, P.S. - Barari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Minarul
Islam, Dumaria, Madarsa No. 632, District - Katihar.
100. Md. Rafique, Son of Md. Ibrahim, Resident of Village -
Dumaria, P.O. - Sukhasan, P.S. - Barari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Minarul
Islam, Dumaria, Madarsa No. 632, District - Katihar.
101. Md. Manarul Haque, Son of Md. Nurul Islam, Resident of
Village - Bandh Tola, Bishanpur, P.O. - Hariabhir Bishanpur,
P.S. - Korha, District - Katihar, presently working as Madarsa
Teacher in Madarsa Faizul, Ghoraba Dhoomgarh, Madarsa No.
656, District - Katihar.
102. Md. Inamul Haque, Son of Md. Abdullah, Resident of
Village - Marghia Sadar, P.O. - Marghia Sofi Chak, P.S. - Barari,
District - Katihar, presently working as Madarsa Teacher in
Madarsa Tanzimul Islam, Tinpania Kheria, Korha, Madarsa No.
657, District - Katihar.
103. Ainul Bari, Son of Mahmood, Resident of Village - Sakraily
Makhnadhar, P.O. - Semapur, P.S. - Barari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Tanzimul
Islam, Tinpania, Kheria, Korha, Madarsa No. 657, District -
Katihar.
104. Md. Ruhul Amin, Son of Md. Habib, Resident of Village -
Tinpania,P.O. - Kheria, P.S. - Korha, District - Katihar,
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presently working as Madarsa Teacher in Madarsa Tanzimul
Islam, Tinpania, Kheria Korha, Madarsa No. 657, District -
Katihar.
105. Dastgir Alam, Son of Abdul Salam, Resident of Village -
Sonbarsh, P.O. - Madhura, P.s. - Korha, District - katihar,
presently working as Madarsa TEacher in Madarsa Tanzimul
Islam, Tinpania, Kheria, Korha, Madarsa No. 657, District -
Katihar.
106. Md. Atiqur Rahman, Son of Muslehuddin, Resident of
Village - Kajra, P.O. - Sikkat, P.S. - Barari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Deeni
Bunyadi Tali, Gah Kajra, Madarsa No. 1000, District - Katihar.
107. Abdul Malik, Son of Late Md. Amjad Ali, Resident of Village
- Kajra, P.O. - Sikkat, P.S. - Barari, District - Katihar, presently
working as Madarsa Teacher in Madarsa Deeni Bunyadi Tali,
Gah Kajra, Madarsa No. 1000, District - Katihar.
108. Mashkur Ahmad Haidri, Son of Abdul latif Haidri, Resident
of Village - Kajra, P.O. - Sikkat, P.S. - Barari, District - Katihar,
presently working as Madarsa Teacher in Madarsa Deeni
Bunyadi Tali, Gah Kajra, Madarsa No. 1000, District - Katihar.
109. Md. Jahangir Alam, Son of Md. Haibur Rahman, Resident
of Villaeg - Bairia, P.O. - Siktia, District - Katihar, presently
working as Madarsa Teacher in Madarsa Misbahul Uloom,
Siktia, Madarsa No. 1153, District - Katihar.
110. Md. Mainul Hauqe, Son of Md. Mumtaz Hussain, Resident
of Village - Armara, P.O. and P.S. - mansahi, District - Katihar,
presently working as Madarsa Teacher in Madarsa Anjuman
Islamia, Armara, Madarsa No. 1189, District - Katihar.
111. Md. Nasiruddin, Son of Md. Gyasuddin, Resident of Village
- Badyanathpur, P.O. - Choukchama, P.S. - Amdabad, District -
Katihar, presently working as Madarsa Teacher in Madarsa
Islamia Darul Hoda,Baidyanathpur, Madarsa No. 650, District -
Katihar.
112. Md. Zafar, Son of Amjad Hussain, Resident of Village -
Baidyanathpur, P.O. - Choukchama, P.S. - Amdabad, District -
Katihar, presently working as Madarsa Teacher in Madarsa
Islamia Darul Hoda, Baidyanathpur, Madarsa No. 650, District -
Katihar.
113. Md. Hanif, Son of Md. Mustaque Ali Resident of Village -
Hathiya, P.O. and P.s. Rautara, District - Katihar, presently
working as Madarsa Teacher in Madarsa Darul Hoda, Chanpi,
Madarsa No. 299, District - Katihar.
114. Abdul Khalique, Son of Abdus Sattar, Resident of Village -
Chanpi, P.O. and P.S. Rautara, District - Katihar, presently
working as Madarsa Teacher in Madarsa Darul Hoda, Chanpi,
Madarsa No. 299, District - Katihar.
115. Md. Jahangir Alam, Son of Md. Habibur Rahman, Resident
of Village - Chanpi, P.O. and P.S. - Rautara, District - Katihar,
presently working as Madarsa Teacher in Madarsa Darul Hoda,
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
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Chanpi, madarsa No. 299, District - Katihar.
.... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Secretary, Finance Department, Government of
Bihar, Patna
3. The Principal Secretary, Education Department, Government of
Bihar, Patna
4. The Joint Secretary, Education Department, Governmment of
Bihar, Patna
5. The Director, Primary Education, Government of Bihar, Patna
6. The Special Director, Education Department, Government of
Bihar, Patna
7. The District Education Officer, Kishanganj, District - Kishanganj
8. The District Education Officer, Katihar, District - Katihar
9. The District Education Officer, Darbhanga, District - Darbhanga
10. The District Education Officer, Madhubani, District -
Madhubani
11. The District Education Officer, Sitamarthi, District -
Sitamarhi
12. The District Education Officer, Patna, District - Patna
.... .... Respondents
WITH
===========================================================
Civil Writ Jurisdiction Case No. 18235 of 2015
===========================================================
1. Suman Sharma D/o Late Yamuna Sharma, Presently Posted as
an Asst. Teacher in Laxmi Sangved Sanskrit Primary Cum -
High School, Jehanabad P.S. + Distt. - Jehanabad
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Human
Resources Development Department, Bihar, Patna
2. The Special Director, Secondary Education, Bihar, Patna
3. The Bihar Sanskrit Education Board, Boring Canal Road, Patna
through its Secretary
4. The Chairman, Bihar Sanskrit Education Board, Boring Canal
Road, Patna
5. The District Education Officer, Jehanabad
6. The District Programme officer Eastablishment, Jehanabad
7. The Secretary of the Managing Committee of Laxmi Sangved
Sanskrit Primary Cum - High School, Manpur, Muffasil, Gaya
.... .... Respondents
WITH
===========================================================
Civil Writ Jurisdiction Case No. 18272 of 2015
===========================================================
1. Niranjan Kumar, Son of Sri Devendra Sharma, resident of
Village- Bhori, Police Station- Tekari, District- Gaya.
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
16/30
2. Satyendra Kumar, Son of Si Sahjanand Sharma, resident of
Village- Ganiyari, Police Station- Kinjar, District- Jehanabad.
3. Neeraj Kumar, Son of Sri Bharat Sharma, resident of Village-
Vineka, Police Station- Dhanarua, District- Patna.
4. Radhekant Sharma, Son of Sri Virendra Sharma, resident of
Mohalla- Raja Bazar, Police Station- Jehanabad Town, District-
Jehanabad.
5. Raj Kishore Prasad Singh, Son of Sant Prasad Singh, resident
of Village- Men, Police Station- Belaganj, District- Gaya.
.... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Human
Resources Development Department, Bihar, Patna.
2. The Special Director, Secondary Education, Bihar, Patna.
3. The Bihar Sanskrit Education Board, Boring Canal Road, Patna
through its Secretary.
4. The Chairman, Bihar Sanskrit Education Board, Boring Canal
Road, Patna.
5. The District Education Officer, Jahanabad.
6. The District Programme Officer, Establishment, Jehanabad
7. The Secretary of the Managing Committee of Laxmi Sangved
Sanskrit Primary Cum- High School, Jehanabad
.... .... Respondents
WITH
===========================================================
Civil Writ Jurisdiction Case No. 18299 of 2015
===========================================================
1. Gauri Shankar Sharma, Son of Late Ram Prasad Singh,
2. Dr. Pooja, Daughter of Shree Sharuya Kumar,
3. Ram Nivas Sharma, Son of Ram Ishwar Sharma, All are Asst.
teachers in Sonamati Sanskrit High School Vishwambharpur,
P.S.- Vikram, District- Patna.
.... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Human
Resources Development Department, Bihar, Patna.
2. The Special Director, Secondary Education, Bihar, Patna.
3. The Bihar Sanskrit Education Board, Boring Canal Road, Patna
through its Secretary.
4. The Chairman, Bihar Sanskrit Education Board, Boring Canal
Road, Patna.
5. The District Education Officer, establishment Patna
6. The District Programme Officer, Patna
7. The Secretary of the Managing Committee of Sonamati
Sanskrit High School, Vishwambharpur, Patna.
.... .... Respondents
===========================================================
Appearance :
(In CWJC Nos.985 of 2015 AND CWJC NO. 17445 OF 2015)
For the Petitioners : Mr. S. B. K. Mangalam, Advocate
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
17/30
Mr. Bijay Kumar Singh, Advocate
Mr. Pankaj Kumar Singh, Advocate
For the State : Mr. Lalit Kishor, PAAG
For Madarsa Board : Mr. Rashid Alam, Advocate
(In CWJC No. 5411 of 2015)
For the petitioners : Mr. Niranjan Kumar
For the State : Mr. Lalit Kishor, PAAG
For Madarsa Board : Mr. Rashid Alam, Advocate
(In CWJC Nos. 18235, 18272, 18299 and 15299 of 2015)
For the Petitioners : Mr. S. B. K. Mangalam, Advocate
Mr. Binod Kumar, Advocate
For the State : Mr. Lalit Kishor, PAAG
For Sanskrit Board : Mr. Satyam Shivam Sundram, Advocate
===========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
AND
HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
JUDGMENT AND ORDER
CAV
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
Date: 23-06-2016
We have head Mr. S. B. K. Mangalam and Mr.
Niranjan Kumar, learned Counsel for the petitioners and Mr.
Lalit Kishore, learned Principal Additional Advocate General for
the State-respondents. We have also heard Mr. Rashid Alam,
learned Counsel for the Bihar State Madarsa Education Board,
and Mr. Satyam Shivam Sundram, learned Counsel for the
Bihar Sanskrit Education Board.
2. The facts which are germane and not in dispute
in the present batch of writ applications filed under Article 226
of the Constitution of India, are short. There are 1119 non-
Government recognized Madarsas and 9 (nine) girls Madarsas
(total, 1128) in the State of Bihar. Besides the above
Patna High Court CWJC No.985 of 2015 dt.23-06-2016
18/30
Madarsas, there are 2459 Madarsas, which have been
registered by the Bihar State Madarsa Education Board, but
have not been recognized by the State Government. These
Madarsas impart education to male and female students of the
minority. Similarly, there are 531 Sanskrit Schools, which have
due recognition by the State Government, which impart
teaching in Sanskrit. The Madarsas and Sanskrit Schools,
recognized by the State Government, get grant-in-aid from the
State Government for the purpose of making payment to the
teaching and non-teaching employees, working in the said
Madarsas and Sanskrit Schools in their respective pay scales,
which has been mentioned in the resolution issued by the
letter No. 10/o 3-06/1994 (va'k) 970, dated 31.08.2013, by
Education Department, Government of Bihar (Annexure-4).
3. The grievance of the petitioners, in the present
batch of writ applications, is that they had been appointed by
the respective Governing Bodies/Managing Committees of the
respective recognized Madarsas/Sanskrit Schools in their
respective pay scales, which were among 1128 Madarsas and
531 Sanskrit Schools, since before 31.08.2013, but after
15.02.2011. Clause 6 of the aforesaid Resolution, dated 31.08.2013, however, prescribes that teaching and non- teaching employees, appointed in the said recognized Madarsas and Sanskrit Schools, against vacancies arising out Patna High Court CWJC No.985 of 2015 dt.23-06-2016 19/30 of retirement of teaching/non-teaching employees, shall be treated to have been converted into teaching/non-teaching employees in fixed salary, with effect from 15.02.2011, for the purpose of quantifying the grant-in-aid to be released to the said recognized Madarsas/Sanskrit Schools on the basis of fixed salary for such employees.
4. The English translation of Clause 6 of the Resolution, dated 31.08.2013, reads thus:
"6. Posts which have fallen vacant after retirement of teaching/non-teaching employees working in 1119 non-government recognized (without grant-in-aid) Madarsas and 9 girls Madarsas, i.e., total 1128 Madarsas and 531 Sanskrit Schools of different categories of the State, shall be treated to be automatically converted in the fixed pay for grant by the Government with effect from 15.02.2011 and the grant shall be payable on the basis of calculation of pay fixed by the State Government for teaching and non- teaching employees, appointed against all vacancies on or after 15.02.2011."
5. It is the common grievance of the petitioners that Clause 6 of the Resolution, dated 31.08.2013, is in breach of Articles 14 and 16 of the Constitution of India for the following reasons:
(i) When the petitioners were appointed before Patna High Court CWJC No.985 of 2015 dt.23-06-2016 20/30 issuance of the Resolution, dated 31.08.2013, they were entitled for regular pay scales. It is their plea that if Clause 6 is to be implemented, in the same recognized Madarsas/Sanskrit Schools, there will be two class of teachers, one appointed before 15.02.2011 and the others appointed on or after 15.02.2011; whereas, the teachers and non-teaching employees, appointed before 15.02.2011, would be entitled to salary and allowances on the basis of regular pay scale, those appointed on or after the said date (i.e., 15.02.2011) will be getting fixed salary. According to the petitioners, this classification is discriminatory, irrational and, therefore, violative of Articles 14 and 16 of the Constitution of India.
(ii) The decision of the State Government to introduce the scheme of fixed salary for teaching and non- teaching employees of Madarsas/Sanskrit Schools with retrospective effect from 15.02.2011 is arbitrary and unreasonable.
6. Counter affidavits have been filed on behalf of the State of Bihar, taking a plea that the Human Resources Development Department (now, Education Department), Government of Bihar, for the purpose of providing quality education to Madarsa students considered the possibility of granting aid to such Madarsas which are registered with the Bihar State Madarsa Education Board, but were not recognized. Patna High Court CWJC No.985 of 2015 dt.23-06-2016 21/30 Accordingly, it was decided that the Bihar State Madarsa Education Board shall get an enquiry conducted through the concerned District Education Officers, pertaining to 2459 Madarsas, which had been registered through Bihar State Madarsa Education Board in accordance with the procedure laid down in the Resolution No. 1090, dated 29.11.1980, regarding their feasibility. Accordingly, through the Resolution, dated 15.02.2011, it was decided to provide grant-in-aid in proportion to the fixed salary in said Madarsas, 2459 in number. The Resolution, dated 15.02.2011, has been brought on record by way of Annexure A to the counter affidavit, filed in CWJC No. 985 of 2015. It is the specific stand on behalf of the State of Bihar that the said Resolution, dated 15.02.2011, was published in Bihar Gazette.
7. It is further stand of the State Government that in compliance of the aforesaid Resolution, dated 15.02.2011, another resolution, being Resolution No. 970, dated 31.08.2013 (impugned), has been issued, indicating that the teaching and non-teaching employees of Madarsas who were appointed on or after 15.02.2011 shall be paid fixed salary and grant-in-aid to the Madarsas and Sanskrit Schools shall be released accordingly.
8. It has been stated, in paragraph 17 of the counter affidavit filed on behalf of the State of Bihar in CWJC Patna High Court CWJC No.985 of 2015 dt.23-06-2016 22/30 No. 985 of 2015, that the decision, for quantifying grant-in-aid on the basis of fixed salary to the teaching and non-teaching employees of the Madarsas, had already been taken on 15.02.2011, and, thus, it is contended on behalf of the State of Bihar that it cannot be said that the impugned Clause 6 of the Resolution, dated 31.08.2013, amounts to implementing the scheme of fixed salary from a retrospective date.
9. It has been argued by Mr. Lalit Kishore that decision to release grant on the basis of fixed salary against the posts filled up on or after 15.02.2011, consequent upon retirement of the original employees of recognized Madarsas/ Sanskrit Schools was taken to maintain parity in matter of release of grant to recognized and un-recognized Madarsas/ Sanskrit Schools. Accordingly, it is his plea that State action is not in breach of equality clause of the Constitution of India rather the same is to ensure that all Madarsas and Sanskrit Schools, either recognized or unrecognized, are treated at par.
10. We have closely examined the Resolution, dated 15.02.2011, brought on record by way of Annexure A to the counter affidavit and the Resolution, dated 31.08.2013, brought on record by way of Annexure B to the counter affidavit, filed on behalf of the State of Bihar in CWJC No. 985 of 2015.
11. On bare reading of the two resolutions, it is Patna High Court CWJC No.985 of 2015 dt.23-06-2016 23/30 easily noticeable that the said two resolutions deal with two different classes of Madarsas. The Resolution, dated 15.02.2011, is confined to 2459 Madarsas, which were not recognized by the State Government, but duly registered by the Bihar State Madarsa Education Board. The said resolution contains the decision of the State Government for providing grant-in-aid to such Madarsas, for payment of fixed salary to the teachers of such Madarsas, at par, with the fixed salary payable to teachers of High Schools/Primary Schools. On the other hand, the Resolution, dated 31.08.2013, is with respect to 1119 Madarsas and 09 girls Madarsa (total, 1128) and 531 Sanskrit Schools, which were duly recognized by the State Government and were getting grants from the State Government for the purpose of making payment of salary to the teaching and non-teaching employees. The said Resolution, dated 31.08.2013, is with respect to grant of a revised pay to the teaching and non-teaching employees of Madarsas/ Sanskrit Schools, which also contains a decision in paragraph 6, as noted above.
12. In our considered view, the State Government of Bihar has taken an incorrect plea in paragraph 17 of the counter affidavit that issuance of Resolution, date 31.08.2013, is in compliance of the earlier Resolution, dated 15.02.2011. The Resolution, dated 15.02.2011, which is confined to 2459 Patna High Court CWJC No.985 of 2015 dt.23-06-2016 24/30 non-recognized Madarsas, does not at all refer to release of grant-in-aid on the basis of fixed salary for teaching and non- teaching employees of recognized 1128 Madarsas and 531 Sanskrit Schools. The plea on behalf of the State Government, justifying the provision as contained in the impugned Clause 6 of the Resolution, dated 31.08.2013, by referring to Resolution, dated 15.02.2011, cannot be accepted.
13. It has, however, to be kept in mind that decision, in question, relates release of grant-in-aid to the Madarsas and Sanskrit Schools, by the State Government for payment of salary to teaching and non-teaching employees. The said Madarsas and Sanskrit Schools are, admittedly, privately managed by the Governing Bodies/Managing Committees. There is no dispute that the petitioners claim to have been appointed by the said Governing Bodies/Managing Committees against regular pay scale. Whether appointment of the petitioners by Governing Bodies/Managing Committees of recognized and Government aided privately managed Madarsas/Sanskrit Schools with salary based on pay scale, confer upon them any indefeasible right against the State Government to claim release of grant-in-aid to the said Madarsas/Sanskrit Schools, is one of the basic issues which the present case involves.
14. The same question had arisen before a Division Patna High Court CWJC No.985 of 2015 dt.23-06-2016 25/30 Bench of this Court (comprising of both of us), in the case of The State Government of Bihar through the Secretary, Department of Higher Education and Others v. Parvati Kumari and Others, reported in MANU/BH/0008/2016. This Court, in Parvati Kumari (supra), referring to two decisions of the Supreme Court, in the cases of State of Assam v. Ajit Kumar Sharma (AIR 1965 SC 1196) and Cyril E. Fernandes v. Sr. Myria Lydia and Others (AIR 1977 SC 2145), has held in paragraphs 30 to 34 as follows:
"30. So far as question Nos. I and II, as referred to above, are concerned, they have been answered in Supreme Court's decision, in the case of State of Assam v. Ajit Kumar Sharma (AIR 1965 SC 1196), which has been subsequently relied by the Supreme Court in its another decision in the case of Cyril E. Fernandes v. Sr. Myria Lydia & Ors. (AIR 1977 SC 2145). In Ajit Kumar Sharma (supra), the Supreme Court held that withholding of grant-in-aid to a private College by the Government is a matter between the concerned Government and the management of the private College. The Supreme Court held that the conditions or instructions as to grant-
in-aid confer no right on the teachers
of the private Colleges and they
cannot ask that either particular
Patna High Court CWJC No.985 of 2015 dt.23-06-2016 26/30 instructions or conditions should be enforced or should not be enforced.
31. Relying upon its decision in Ajit Kumar Sharma (supra), the Supreme Court, in Cyril E. Fernandes (supra), held that the appellant of that case, being teacher of a private institution, was not directly concerned with the question whether the rules in grant-in-aid code conferred on the management of the institution an enforceable right against the Government, which is entirely a matter between the management and the Government.
32. Following the aforesaid decisions in Cyril E. Fernandes (supra) and Ajit Kumar Sharma (supra), we have no hesitation in holding that in the matter of the said policy or State action, touching release or withholding of grant to a private institution, cannot be said to be conferring any enforceable right on the employees of the institution or taking away any right from the employees of the institution, since they cannot be said to be directly concerned with the dispute between the private institution and the Government, particularly, when the institution does not question the decision of the Government to withhold such grant. We are of the clear Patna High Court CWJC No.985 of 2015 dt.23-06-2016 27/30 view that the private respondents, herein, had no locus standi to question the order passed by the Secretary, Department of Higher Education, dated 09.11.2001, pursuant to the order of this Court, dated 16.09.2002, as the said dispute was raised by the Governing Body of the College against the decision of the State Government of stopping Recurring Annual Grant to the College and the dispute, as regards grant-in-aid, was between the Governing Body of the private College and the State Government. The Governing Body elected not to question the decision of the said State Government and, thus, accepted it.
33. Further, the right of the private respondents/writ petitioners, if any, is determinable on the basis of contract of employment between them and the management of the private institutions inter se. Question of denial of their right will depend upon the nature of agreement between them and their employer.
The writ petitioners-private respondents could not have, in our considered opinion, raised any grievance and/or seek release of grant-in-aid in favour of the College inasmuch as there was no legal right vested in them, which can be said to have been violated.
Patna High Court CWJC No.985 of 2015 dt.23-06-2016 28/30
34. The law is well settled that a mandamus cannot be issued to create a right; but mandamus is to be issued to restore a party, who has been denied right, to enjoyment of such right. A person can be said to be to be aggrieved only if his legal rights are directly affected. In our opinion, thus, the private respondents/ writ petitioners had no locus standi to maintain writ petitions, under Article 226 of the Constitution of India, against the order passed by the Secretary, Department of Higher Education, rejecting the plea of the Governing Body to continue with the release of recurring annual grant-in-aid to the College."
(Emphasis is added)
15. One of the effects of Clause 6 of the Resolution, dated 31.08.2013, is that the State Government would, now, release grant for payment of salary to the persons appointed as teachers/non-teaching employees on or after 15.02.2011, on the basis of fixed salary and not on the basis of regular pay scales and, thus, Madarsas/Sanskrit Schools would be getting less grant-in-aid from the State Government than what they would have received had regular pay scale of the teachers appointed after on or after 15.02.2011 been taken into account.
16. It cannot be said that eventually, the said Patna High Court CWJC No.985 of 2015 dt.23-06-2016 29/30 Madarsas may or may not be able to pay to their teachers/non-teaching employees, salary on the basis of regular pay scales from the grant they would be receiving in the light of the Resolution, dated 31.08.2013. We are not concerned with the same.
17. Evidently, Madarsas/Sanskrit Schools, in question, are privately managed by their respective Governing Bodies, who have not raised any grievance against the said decision of the State Government, dated 31.08.2013.
18. On the basis of pleadings on record and submissions advanced on behalf of the parties, it appears that the State Government releases grant to respective Madarsas/ Sanskrit Schools in accordance with its policy decision, the grant so received by the respective Madarsas/Sanskrit Schools is utilized for payment of salaries/ wages to the teachers and non-teaching employees of the respective Madarsas/Sanskrit Schools by their Governing Bodies/Managing Committees, as the case may be. The petitioner being employees, appointed by the Government Bodies/Managing Committees cannot, in our opinion, raise a grievance against the State Government for release of grant on the basis of pay less than what was allowed by their employees.
19. Considering the above, in our view, no relief can be granted in the present proceedings, the same having Patna High Court CWJC No.985 of 2015 dt.23-06-2016 30/30 been preferred by the individual teachers of privately managed institutions, raising grievance against the decision of the State Government.
20. It will be, however, open to the Governing Bodies/Managing Committees of the concerned institutions to question the validity of the impugned decision of the State Government, as contained in Clause 6 of the Resolution, dated 31.08.2013, in appropriate proceeding in accordance with law.
21. Before we part with the present order, we consider it appropriate to observe that in the facts and circumstances of the case, the State Government of Bihar may reconsider the applicability of Clause 6 of the said Resolution, dated 31.08.2013, with effect from the date of its issuance.
22. These applications shall stand disposed of with the observations, as above.
(Chakradhari Sharan Singh, J.)
I. A. Ansari, ACJ.: I agree.
(I. A. Ansari, ACJ.)
Prabhakar Anand/-
AFR/NAFR AFR
CAV DATE 18-03-2016
Uploading Date 23-06-2016
Transmission N.A.
Date