Petitioner challenged Board's approval of Managing Committee lacking public meeting. Court dismissed writ petition with liberty to file suit for declaration.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14461 of 2014
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Mahmood Alam S/o Late Md. Musa Ali Resident of Village Nawadi Kantnagar, P.S. Barari, District Katihar.
.... .... Petitioner Versus
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Appearance : For the Petitioner : Mr. Abdul Wadood, Advocate For Madarsa Board : Md. Rashid Alam, Advocate
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 24-11-2015
Petitioner claims himself to be a member of the public. His grievance is that the Madarsa Education Board has approved the newly Managing Committee without there being any public meeting or if it was, it was a sham.
The Court has serious doubts about the bona fide of the petitioner. However, even otherwise the facts so asserted is required to be established after taking due evidence. Petitioner has freedom to file a suit if he wants for an appropriate declaration including
Patna High Court CWJC No.14461 of 2014 dt.24-11-2015
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challenge to the order contained in Annexure-9 dated 20.01.2014 which is part of I.A. No.7362 of 2015.
The writ is dismissed with above liberty.
(Ajay Kumar Tripathi, J.)
Sanjay/-
U
1 issue framed by the court
Whether the writ petition challenging the approval of Managing Committee of Madarsa Board without public meeting should be allowed?
Mahmood Alam
Bihar State Madarsa Education Board, Patna
Ajay Kumar Tripathi
As recorded by the court registry
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