Md. Altaf Hussain vs The State Of Bihar on 21 August, 2024

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Patna High Court

Md. Altaf Hussain vs The State Of Bihar on 21 August, 2024

Bench: Anjani Kumar Sharan

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.14955 of 2019
     ======================================================
     Md. Altaf Hussain Son of Abdul Bari Resident of Mohalla M.P. Bagh, P.S.-
     Ara Town, District- Bhojpur.
                                                             ... ... Petitioner/s
                                      Versus
1.    The State of Bihar Through the Principal Secretary, Human Resources
      Development Department, Government of Bihar, Patna.
2.   The District Magistrate Bhojpur.
3.   The District Education Officer Bhojpur.
4.   The Bihar State Madrasa Education Board Patna through its Chairman.
5.   Madrasa Islamia Pachhim Tola, Ara, District- Bhojpur, through its Managing
     Committee.
6.   Md. Zainul Haque Son of Late Abdul Haque Resident of Mohalla-
     Chaudhariyana, Ara, District- Bhojpur, the President of the Managing
     Committee of Madrasa Islamia, Pachhim Tola, Ara, District- Bhojpur.
7.   Md. Javed Eqbal Son of not known The Secretary of the Managing
     Committee of Madrasa Islamia, Pachhim Tola, P.S.- Ara Town, District-
     Bhojpur.
8.   Md. Sahimuddin Son of Chhakku Mian Headmaster and member of
     Managing Committee, Madrasa Islamia, Pachhim Tola, P.S.- Ara Town,
     District- Bhojpur.
9.   Md. Eqbal Son of Late Md. Suleman Resident of M.P. Bagh, Ara, P.S.- Ara
     Town, District- Bhojpur, Member of the Managing Committee of Madrasa
     Islamia, Pachhim Tola, Ara, District- Bhojpur.
10. Md. Faiyaz Rayeen Son of Md. Yusuf Resident of Mohalla- Syndicate
    Budhanpurwa, P.S. and District- Buxar.
11. Modassir Son of Md. Javed Eqbal Resident of Bhikhna Pahari, P.S.-
    Agamkuan, District- Patna.
12. Md. Shahnawaz Alam Son of Md. Zainul Haque Resident of Mohalla-
     Chaudharyana, P.S.- Ara Town, District- Bhojpur.
                                                      ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Siddharth Harsh, Adv.
     For the Respondent/s   :      Mr. Subash Chandra Mishra, SC-16
                                   Mr. Shri Prakash Shrivastava, Adv.
                                   Mr. Shahzad Hassan Khan, Adv.
                                   Mr. Dhanendra Chaubey, Adv.
                                   Mr. Arun Kumar Pandey, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
     ORAL JUDGMENT
      Date : 21-08-2024

              Heard learned counsel for the petitioner and learned
 Patna High Court CWJC No.14955 of 2019 dt.21-08-2024
                                           2/3




         counsels for the respondents.

                 2. Learned counsel for the petitioner is directed to

         implead      the     Special     Secretary,    Education       Department,

         Government of Bihar as respondent no. 13 in course of day.

                 3. By filing the present writ application, the petitioner has

         prayed for the following reliefs:

                                         I) For issuance of an appropriate writ,
                                   order or direction quashing the order dated
                                   12.06.2019

contained in Memo No. 5025- 30, passed by the Chairman, Bihar State Madarsa Education Board, Patna.

II) For issuance of a writ, order or direction commanding the respondents to forthwith held an enquiry in the matter of illegal appointment of teaching staff in the Madrasa Islamia, Pachhim Tola, Ara, District-Bhojpur and to remove them.

III) For issuance of writ, order or direction commanding the respondent Madrasa Board to forthwith approve newly elected management committee of the Madrasa Islamia, Pachhim Tola, Ara, Bhojpur to which the petitioner is elected Secretary.

IV) For issuance of any other relief/reliefs for which the petitioner is found entitled to under the facts and circumstances of the case.

Patna High Court CWJC No.14955 of 2019 dt.21-08-2024 3/3

4. After some arguments, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievance. Liberty, so sought, is granted.

5. Accordingly, this writ application is disposed of with a direction to the petitioner to file an appeal before the Special Secretary, Education Department, Govt. of Bihar (respondent no.13) for consideration of his matter within a period of four weeks from today. The respondent no.13 is directed to consider the case of the petitioner and dispose the same by passing a speaking and reasoned order in accordance with law within a period of two months from the date of filing of an appeal by the petitioner after affording an opportunity of hearing to the petitioner or his counsel.

6. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/-

AFR/NAFR                 NAFR
CAV DATE                 NA
Uploading Date           28.08.2024
Transmission Date        NA

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