Disposed

Sk Abdul Tawab v. The State Of Jharkhand Through The Secretary Jharkhand Academic Council Ranchi And Ors.

Jharkhand HC4 Jul 2022WPC/7236/2017

Case brief

AI extract

What is this about?

This Writ Petition challenging the notification of a Madarsa Managing Committee member without the petitioner was disposed of. The Court directed the petitioner to file a representation with the District Education Officer within 30 days and directed the Officer to decide the matter within 30 days of receipt.

What did the court decide?

Petitioner directed to file representation before District Education Officer within 30 days; Officer directed to pass order within 30 days.

Sk Abdul Tawab Vs The State Of Jharkhand Through… — Education and Admissions | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI [Civil Writ Jurisdiction] W.P.(C ) No. 7236 of 2017

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Sk. Abdul Tawab .... .. ... Petitioner(s)

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Versus .. ... ...respondent(s)

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The State of Jharkhand & Ors.

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........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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......... For the Petitioner : Mr. Ishteyaque Ahmed, Advocate For the respondent(s)/JAC : Mrs. Richa Sanchita, Advocate For the Res./State : Mr. Sandeep Verma, AC to Sr. S. C.-III

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06/ 04.07.2022 . Defect No.7, as pointed out vide S.R. dated 12.12.2017 is hereby ignored for the present.

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Mr. Ishteyaque Ahmed, learned counsel for the petitioner has submitted, that petitioner- Sk. Abdul Tawab, S/o Late Vares Ali has preferred the instant Writ Petition on 12.12.2017 for quashing the letter JAC/ Madrsa/ 934/1519/17 dated 23.03.2017 (Annexure-3), whereby, the name of the member of the managing committee of Madrsa Usmania, Faridpur, Goalkhor, Barharwa, Sahibganj, has been notified without considering the name of the petitioner, who is donor.

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Mr. Ishteyaque Ahmed, learned counsel for the petitioner has further submitted, that Sk. Uman Gani donated the land of 5 kattha, worth Rs.15,00,000/for the Madarsa Usmania, Faridpur in the year 1977 and the petitioner is the grandson of Sk. Usman Gani and therefore, the petitioner is the land donor and eligible to be nominated as one of the Member of the Managing Committee.

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Mr. Ishteyaque Ahmed, learned counsel for the petitioner has further submitted, that under the provision of Clause 7.6 of the Jharkhand Academic Council (Amendment) Act, 2006, a resolution was resolved on 06.06.2013 by the District Education Officer, Sahibganj, in Para 7, which manifest that the land donor shall be Member in the Managing Committee.

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Mr. Ishteyaque Ahmed, learned counsel for the petitioner has submitted, that as per Clause 7.6 of JAC (Amendment) Act, 2006 and resolution dated 06.06.2013 (Annexure-2) where the petitioner is fully entitled to be elected/nominated as a member, being the donor.

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Mrs. Richa Sanchita, learned counsel for the JAC and Mr. Sandeep Verma, learned AC to Sr. S. C.-III for the State have submitted, that if, the petitioner has any grievance, he may represent his grievances before the District Education Officer, Sahibganj so as to redress the same.

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Considering the same, the instant Writ Petition stands disposed of, with a direction to the petitioner to file an application/representation before the District Education Officer, Sahibganj within a period of 30 days and the copy of the same shall also be sent to the Respondent- Jharkhand Academic Council (JAC).

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-2-

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However, the District Education Officer, Sahibganj shall pass an order, in accordance with law, within a period of 30 days from the date of filing of such application/representation, in accordance with law. Sandeep/ (Kailash Prasad Deo, J.)

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(Kailash Prasad Deo, J.)

Sk Abdul Tawab v. The State Of Jharkhand Through The Secretary Jharkhand Academic Council Ranchi And Ors.

Case brief

What is this about?

What did the court decide?

Sk Abdul Tawab v. The State Of Jharkhand Through The Secretary Jharkhand Academic Council Ranchi And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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