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2025 DAILYLAW 40533 (JHR)

ABU TALHA v. HARUN RASID

C.M.P./1206/2023 · 2025-11-28

Gautam Kumar Choudhary

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:36003 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 1206 of 2023 Abu Talha, S/o Heras Ali, R/o Manikapara, P.O.- Gagapahari, P.S.-Pakur(M), District-Pakur ..... .... Petitioner Versus 1. Harun Rasid, S/o Late Haji Beniruddin, R/o Manikapara, P.O.-Gagapahari, P.S.- Pakur(M), District-Pakur(M), District-Pakur 2. The State of Jharkhand through the Secretary/ Principal Secretary, School Education & Literacy Department, MDI Building, P.O. & P.S.-Dhurwa, District Ranchi 3. The Jharkhand Academic Council, through its Chairman having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S.- Namkum, District-Ranchi 4. The Regional Deputy Director of Education, Santhal Pargana Division, P.O. & P.S.-Dumka, District-Dumka 5. District Education Officer, Malpahari, P.O. & P.S.-Pakur, District-Pakur … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. A.K. Sahini, Advocate Mr. Ajit Kumar, Advocate Mr. Vikesh Kumar, Advocate For the JAC ` : Mrs. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate ------ Order No. 08 / Dated : 28.11.2025. Heard, learned counsel for the parties. 1. The instant CMP has been filed to recall the order dated 07.08.2023 passed by this Court in W.P.(C) No.3919 of 2021. 2. It is submitted that the petitioner was appointed as Donor member of Madarsa Ishatul, Manikpara, Pakur for three years starting from 10.07.2021 against which O.P. No.1- Harun Rashid had preferred the said Writ Petition. 3. The said Writ Petition was disposed of, with direction to Respondent No.4 to ensure that election shall be held as per the JAC’s letter within stipulated period of three months for election of donor/ donor member of the said committee. 4. The main grievance of the petitioner is that when the said writ petition was filed, the statutory period of three years had not expired and this fact was not brought to the notice of the Court, consequently, the order was passed for holding election afresh. 5. However, learned counsel on behalf of the opposite party no. 2 submits that the term has already expired in the year 2025. As per letter dated 2025:JHHC:36003 2 30.08.2022 of the District Superintendent of Education, Imam Hussain was elected as donor member on 29.08.2022 and Musaraf Hussain was appointed as a teachers’ representative on 27.08.2022. The term of their appointment is over by the lapse of time. 6. Under the circumstance, this Court is of the view that the instant Civil Misc. Petition has become infructuous. Accordingly, this Civil Miscellaneous Petition stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/ pawan-