Allowed

Wajahul Quamar v. The State Of Bihar and Ors.

Patna HC20 Nov 2018CWJC/17976/2012

Case brief

AI extract

What is this about?

The Court held that the Special Director, as an ex-officio member of the Madarsa Board, lacked competence to hear an appeal against the Board's decision. The order was quashed and the matter remanded to the Special Secretary to decide the appeal.

What did the court decide?

The order of the Special Director was quashed. The matter was remanded to the Special Secretary, who was directed to hear the appeal within four months.

Wajahul Quamar Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17976 of 2012

¶2

======================================================

¶3

Wajahul Quamar Son Of Md. Islamuddin Resident Of Village- Tharkachpur Gangihat, P.S. Bahadurganj, District- Kishanganj

¶4

... ... Petitioner/S

¶5

Versus

¶6

1. The State Of Bihar

¶7

The Chief Secretary-Cum-Commissioner, Department Of Education, Government Of Bihar, Patna

¶8

The Principal Secretary, Department Of Education Government Of Bihar, Patna

¶9

The Director, Secondary Education, Department Of Education, Government Of Bihar, Patna

¶10

The Special Director, Secondary Education, Department Of Education, Government Of Bihar, Patna

¶11

The Bihar State Madarsa Education Board, Patna Through Its Secretary 5 Vidyapati Marg, P.S. Kotwali, District- Patna

¶12

The Chairman, Bihar State Madarsa Education Board, Patna, 5 Vidyapati Marg, P.S. Kotwali, District- Patna

¶13

The Secretary, Bihar State Madarsa Education Board, Patna, 5 Vidyapati Marg, P.S. Kotwali, District- Patna

¶14

The District Education Officer, Kishanganj, District- Kishanganj

¶15

The Managing Committee Of Madarsa Ashrafuluhoom Augigachh, Altabari Gangihat, P.S. Bahadurganj, District- Kishanganj Through Its President Gul Mohammad

¶16

Soban Mustansar Ahmad Son Of Master Tauheed Alam Resident Of VillageTharkachpur, P.S. Bahadurganj, District- Kishanganj 'AT Present At Saban And Associates' R/O 278-A (BASEMANT) Behind Pan- Pacific Toor And Travels, Okhla Main Road, Jamia Nagar, New Delhi

¶17

Nasima Khatoon Wife Of Late Aminuddin Resident Of Village- Gangi P.S. Bahadurganj, District- Kishanganj

¶18

======================================================

¶19

... ... Respondent/s

¶20

Appearance :

¶21

Patna High Court CWJC No.17976 of 2012 dt.20-11-2018 2/3

¶22

For the Petitioner/s	:	Mr. Md. Anis Akhtar, Advocate
For the State	:	Mr. Vijay Bharti, AC to SC 7
For Madarsa Board	:	Md. Rashid Alam, Advocate
For the intervenor ==============	: =====	Mr. Firoj Ahmad, Advocate ===================================

¶23

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

¶24

Date : 20-11-2018

¶25

Heard Mr. Firoz Ahmad, learned counsel appearing on

¶26

behalf of the intervenor.

¶27

For the reasons stated in the interlocutory application (I.A. No. 8665 of 2018), prayer for intervention is allowed.

¶28

Mr. Anis Akhtar, learned counsel appearing on behalf of the petitioner submits that the only issue warranting adjudication in the present writ petition is whether the Special Director, who is ex-officio member of the Madarsa Board, is competent to hear appeal against the decision of the Madarsa Board. This issue has already been answered by this Court in series of cases earlier.

¶29

In view of the above, the order passed by the Special Director, as contained in Annexure-10, against the order of the Madarsa Board cannot sustain. It is, accordingly, quashed. The matter is remanded back to the Special Secretary, Education Department, who has been authorised to hear appeal against the decision of the Madarsa Board. The Special Secretary is directed to hear and decide the appeal in accordance with law at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order. It is needless to say

¶30

Patna High Court CWJC No.17976 of 2012 dt.20-11-2018 3/3

¶31

that the Special Secretary shall provide opportunity of hearing to all concerned before taking decision in accordance with law.

¶32

With the aforesaid, the writ petition stands allowed and

¶33

disposed of.

¶34

(Anil Kumar Upadhyay, J)

¶35

spandey/-

¶36

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.11.2018
Transmission Date	NA

Wajahul Quamar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Wajahul Quamar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Kumar Paswan Vs the State of Bihar and Ors.

Akhileshwar Prasad Choudhary Vs The State Of Bihar and Ors.

Prem Nath Singh Vs The State Of Bihar and Ors.

Abrar Ahmad @ Ibrar Ahmad Vs The State Of Bihar and Ors.

Surya Deo Prasad Sinha Vs the State of Bihar and Ors.

Smt. Prema Mishra Vs The State Of Bihar and Ors.