Patna High Court - Orders
Md. Wasiullah Qadri @ Mohammad ... vs The State Of Bihar And Ors on 5 February, 2020
Author: Shivaji Pandey
Bench: Shivaji Pandey, Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1225 of 2018
In
Civil Writ Jurisdiction Case No.16783 of 2014
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Md. Wasiullah Qadri @ Mohammad Wasiullah Quadri and Anr
... ... Appellant/s
Versus
The State of Bihar and Ors
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Ibaidur Rahman, Advocate
For the Respondent/s : Mr.Prakash Srivastava, Advocate
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)
6 05-02-2020Learned counsel for the appellants is directed to serve one set of the writ petition upon the learned counsel for the Madarsa Education Board. The issue has been raised in the present case for a direction upon the Managing Committee of the School to appoint the person as a teacher and there is no such provision provided either under the Madarsa Act or under the Bihar State Madarsa Education Board Act, 1981 as Section 25 stipulates that the State Government shall, by a notification in the Bihar Gazette, determine in consultation with the Board the rules and procedures of appointment and promotion of teachers in a recognized Madarsa on the basis of their qualifications and seniority and it is submitted that no such rule Patna High Court L.P.A No.1225 of 2018(6) dt.05-02-2020 2/2 and regulation has been made by the State Government in terms of Section 25. Reliance has been placed on the judgment of Anjuman Ahle - Hadees, Darbhanga and others vs. The State of Bihar and others reported in 1985 PLJR 837 and Md. Sohrabuddin vs. The State of Bihar and others reported in 1985 PLJR 870, wherein it has been held that there is no need to take approval from the Board with respect to the appointment of teachers.
Learned counsel for the Board makes a prayer for two weeks' time to file counter affidavit having stated that the Board was not made a party to the writ application at the stage of the appeal. He has been added as a party. So liberty has to be granted to file another counter affidavit either on the original stage or the appellate stage.
Let this case be listed on 19th February, 2020.
(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) Nasimul/-
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