Jaweed Hussain Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4289 of 2020

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

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Jaweed Hussain S/o Md. Hussain, resident of Village- Ward no. 12, Kujibana, P.S.- Sahnagar, District- Katihar.

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Md. Dilwar Hussain, S/o Md. Jalalur Rahman, R/o Village - Barsoi, P.S. Chandi, District- Katihar.

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Md. Rahat Alam, S/o Md. Abdul Majeed, R/o Village- Nauranga, Anchal Azimnagar, P.S. Mohania, District- Katihar.

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Muzaffar Hussain, S/o Waris Hussain, R/o Village- Shahnagar, Kujibana, P.S.- Kadawa, District- Katihar.

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Md. Nadeem Akhtar, S/o Md. Muslim, R/o Village- Barsoi, Choudi P.S. - Chandi, District- Katihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Higher Education, Government of Bihar.

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The Chairman, Bihar State Madarsa Board. Bihar.

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The Secretary, Bihar State Madarsa Board. Bihar.

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The District Magistrate, Katihar.

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The District Education Officer, Katihar.

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The Block Educaiton Officer, Kadawa, Katihar.

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Jawahar Hussain, Secretary, Managing Committee, Madarsa Sirajul Islam at Kujibana P.O.- Kurhela Bobra, Via- Salmari, Dist.- Katihar.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms.Alka Verma, Adv. Mr. Pawan Kumar, Adv. For the Respondent/s : Mr. Vinay Kumar Mishra, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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10 02-12-2025 Heard Ms. Alka Verma, learned counsel for the

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petitioners and Mr. Vinay Kumar Mishra, learned AC to AAG15 for the Respondents-State.

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Learned counsel for the petitioners submits that pursuant to order of this Court dated 09.09.2025, a specific

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Patna High Court CWJC No.4289 of 2020(10) dt.02-12-2025 2/4

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affidavit has been filed and the reference of the Madarsa in question with regard to its affiliation, recognition and recommendation is mentioned in para-5 of the second supplementary counter affidavit filed on behalf of Respondents No.2 and 3 (Bihar State Madarsa Education Board, Patna), the relevant extract of the same is reproduced hereinbelow:-

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“ That this Hon'ble Court may take note that the madrasa in question along with other 203 madrasas are recently recommended by the Board to the Education Department to bring them under the category of grant-in-aid through its meeting held on 16.09.2025 and the concerned list and folders of 204 madrasas have been forwarded by the office of the Board to the Education Department, Govt. of Bihar through its Letter No. 1041 dated 18.09.2025, in this view of the matter, it is humbly submitted that the concerned madrasa is at serial no. 66 in the list of 204 recommended madrasas .”

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Learned counsel for the petitioners submits that since the verification which was initiated by the State Government with regard to its validity has already been concluded and specific assertion hereinabove has been made in the second supplementary counter affidavit that the Board has recently made recommendation with respect to the Madarsa in question along with other 203 Madarsas to the Education

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Patna High Court CWJC No.4289 of 2020(10) dt.02-12-2025 3/4

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Department to bring them under the category of grant-in-aid through its meeting held on 16.09.2025 and since, these petitioners, who have filed this petition for payment of salary, have already come under the purview of grant-in-aid, therefore, appropriate directions to the Board may be issued, so that on verification of their entitlement to salary, the admissible amount of salary could be released in favour of these petitioners.

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On the other hand, by referring to the statement made in the counter affidavit, learned counsel representing the respondents has no objections to the submissions made by the learned counsel for the petitioners.

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Considering the aforesaid, this Court directs that since the verification has already been carried out and the Madarsa in which these petitioners are said to have been working have been found to fulfill all criteria of grant-in-aid and appropriate recommendations have already been made in favour of this Madarsa by the Board, then on receiving such grants the necessary steps are required to be taken by the concerned Respondents in making payment for the services, which these petitioners are entitled since the date of their initial appointments.

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In view of the above, the writ petitioners are

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Patna High Court CWJC No.4289 of 2020(10) dt.02-12-2025 4/4

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directed to file their representations before Respondent No.2/the Chairman, Bihar State Madarsa Board, Bihar with a copy of the present order along with all supportive materials for adjudication of their rights and on submission of such representations, their claims shall appropriately be dealt with by Respondent No.2 within a period of eight weeks and if on adjudication, the same finds favour, then amounts shall be released in favour of the petitioners within the same time with proper communication.

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With the above observations and directions, the writ petition stands disposed of.

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(Ajit Kumar, J)

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perwez

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U

Jaweed Hussain v. The State of Bihar

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Jaweed Hussain v. The State of Bihar

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