Writ petition challenging a Madrasa Board dismissal order; the Board admitted the suspension and dismissal were not in accordance with law and that the petitioner's review representation for salary and benefits was under process. The court disposed of the writ directing the Board to take a final decision within one month and communicate it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14124 of 2019
======================================================
Fazal Mahmood S/o Late Md. Ali Murtaza Resident of House No. 365, Ajazi Colony Road, Magistrate Colony-2B, P.s.- Rajiv Nagar, Distt.- Patna
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Dr.Pratyush Kumar Mr.Raghuveer Paswan Mr.Nibranshu Mr.Ravishankar Priyadarshi For the Madarsa Board : Mr.Shahzad Hassan Khan Md.Aslam Ansari For the State : Mr.Kameshwar Kumar ( Gp17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
following relief(s):-
“(A) For issuance of appropriate writ, order or direction quashing the order passed by the Chairman, Bihar State Madrasa Education Board, Patna hereinafter referred to as the "Madrasa Board" contained in Memo No. 4974-79 dated 11.06.2019 communicated under the signature of the Assistant Secretary of the
Patna High Court CWJC No.14124 of 2019(6) dt.16-12-2025 2/3
Madrasa Board.
(B) For issuance of appropriate writ, order or direction commanding the respondents to reinstate the petitioner in service on his post with all consequential benefits treating him to be continued in service.
(C) For issuance of appropriate writ, order or direction granting any other relief or reliefs to which the petitioner is entitled in the opinion of the Hon'ble Court in the facts and circumstances of the case.”
“7. That from perusal of averments made in the present writ application and perusal of records of the concerned file maintained in the Board, it transpires that the suspension and dismissal of the petitioner was not done in accordance with law as the concerned action against the petitioner was taken by the previous chairman. It is relevant to mention that, the petitioner has already submitted his representation before the Board to review the concerned matter and release his salary and other consequential benefits which is under process.”
Patna High Court CWJC No.14124 of 2019(6) dt.16-12-2025 3/3
(Ajit Kumar, J)
abhishekkr/-
U
2 issues framed by the court
Whether the Board's dismissal order against the petitioner should be quashed and the petitioner reinstated with consequential benefits.
Within what time should the Board decide the petitioner's pending representation for review and release of salary and benefits?
Fazal Mahmood
The State of Bihar
The Principal Secretary Education Department, Govt. of Bihar, Patna
The Special Director Secondary Education, Education Department, Govt. of Bihar, Patna
The Bihar State Madarsa Education Board Patna through its Secretary
The Chairman Bihar State Madarsa Education Board, Patna
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
