Disposed

The Managing Committee of Madarsa Islamia, v. The State of Bihar

Patna HC18 Oct 2019CWJC/21002/2019

Case brief

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What is this about?

The Single Judge disposed of a writ petition challenging the arbitrary withdrawal of affiliation by the Madarsa Chairman. The Court directed the Board to hear the case within 60 days, holding the Chairman alone incompetent to take the final decision.

What did the court decide?

Writ application disposed of; direction issued to the Secretary of Madarsa Board to place the petitioners' case before the Bihar State Madarsa Education Board for appropriate final decision within 60

The Managing Committee of Madarsa Islamia, Vs The… — Education and Admissions | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21002 of 2019

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The Managing Committee of Madarsa Islamia, Dihi Dhabelwa (Madarsa No. -89), through its President namely Md. Samsudin Miyan aged about 73 years, Male, Son of Late - Dhuman Miyan, at Dihi Dhabelwa P.O.- Jaralpur, P.sS.- Jogapatti, District- West Champaran.

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Kaushar Ali, (Head Maulvi), Son of Late- Samsudin Miyan, resident of Village- Gajna Jaralpur Dihi, P.S.- Jogapatti, District- West Champaran.

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Abdul Jalil, Son of Late- Zainul Abdin Ansari, resident of Village and P.O.Khutwaniya Jaralpur, P.S.- Jogapatti, District- West Champaran.

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Alauddin Ansari, Son of Late - Konain Ansari, resident of Village and P.O. - Telpur, P.S.- Jogapatti, District- West Champaran.

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Md. Yasin Ansari, Son of late- Jumaddin Miyan, resident of Village - Dihi, P.O.- Jaralpur, P.S.- Jogapatti, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, government of Bihar, patna.

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The Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Special Director, Secondary Education, Government of Bihar, Patna.

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The District Education Officer, West Champaran.

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The District Programme Officer (Establishment), West Champaran.

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The Block Education Officer, Jogapatti Block District- West Champaran.

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The Bihar State Madarsa Education Board, 5 Vidyapati Marg, Patna, through its Secretary.

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The Chairman, the Bihar State Madarsa Education Board, 5 Vidyapati Marg, Patna.

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The Secretary, Bihar State Madarsa Education Board, 5 Vidyapati Marg, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Md. Anis Akhtar For the Respondent/s : Mr.Jitendra Kumar Roy I ( Sc13 )

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 18-10-2019

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Heard learned counsel for the petitioners, State and

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the Bihar State Madarsa Education Board.

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Learned counsel for the petitioners submits that the

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Patna High Court CWJC No.21002 of 2019(2) dt.18-10-2019 2/2

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Chairman of the Madarsa Board has arbitrarily withdrawn the affiliation granted to the institution, in question. He submits that the power vests with the Madarsa Board and the Chairman alone is not competent authority to take any decision.

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Counsel for the Madarsa Education Board admits that recently the Madarsa Board has annulled all the decision taken in the individual capacity by the Chairman.

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Considering the aforesaid, the writ application is disposed of with a direction to the Secretary of Madarsa Board to place the case of these petitioners before the Bihar State Madarsa Education Board for appropriate decision. It is made clear that the decision of the Chairman shall not come in the way of the Madarsa Board in taking appropriate final decision.

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Necessary decision in this regard by the Madarsa Education Board shall be taken within a maximum period of 60 days from the date of receipt/production of a copy of this order.

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With the aforesaid, the writ application stands disposed of.

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(Anil Kumar Upadhyay, J)

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uday/-

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The Managing Committee of Madarsa Islamia, v. The State of Bihar

Case brief

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The Managing Committee of Madarsa Islamia, v. The State of Bihar

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