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Patna High Court · body

2025 DAILYLAW 88980 (PAT)

Mohammad Zaweed Ahsan v. The State of Bihar, through the Principal Secretary

CWJC/638/2025 · 2025-01-21

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.638 of 2025 ====================================================== 1. Mohammad Zaweed Ahsan son of Kalim uddin, Resident of village Khan Mangura, P.S Dighalbank, District- Kishanganj. Presently working as madarsa Imdadia Mangura Karwamani Dighalbank, District- Kishanganj. Madarsa No.510 2. Md Junaid Alam son of Md. Samiruddin, Resident of village- Padampur, P.S.-Dighalbank, District Kishanganj, Presently working as madarsa Imdadia Mangura Karwamani Dighalbank, District- Kishanganj, Madarsa No.510 3. Mohammad Ajmal Hussain, son of Sameer uddin, Resident of village- Khan Mangura, P.S.- Dighalbank, District- Kishanganj. Presently working as madarsa Imdadia Mangura Karwamani Dighalbank, District- Kishanganj, Madarsa No.510 4. Md. Naushad Alam son of Md Usman, Resident of village Khan Mangura, P.S.- Dighalbank, District- Kishanganj. Presently working as madarsa Imdadia Mangura Karwamani Dighalbank, District- Kishanganj, Madarsa No.510 5. Md. Sultan Alam son of Moinuddin, Resident of village- Sukandighi Padampur, P.S. Dighalbank, District Kishanganj, presently working Madarsa Misbahul uloom Dighalbank, Kishangani, Madarsa No. 509. 6. Md. Quaiser Alam son of Mojibur Rahman, Resident of village- Dahibhat P.S. Dighalbank, District-Kishanganj, Presently working Madarsa Islamia Rangapani, Dighalbank, District Kishanganj, Madarsa No. 580. 7. Md. Ashfaque Alam son of Khaairuddn, Resident of village- Mustafaganj Tulsia, P.S.- Dighalbank, District Kishanganj. Presently working Madarsa Islamia Rangapani, Dighalbank, District Kishanganj, Madarsa No. 580. 8. Md. Aquil son of Sameruddin, Resident of village- Jagir Dahibhat, P.S. Dighalbank, District- Kishanganj. Presently working Madarsa Islamia Rangapani, Dighalbank, District Kishanganj, Madarsa No. 580. 9. Shamsuddin son of Abdur Rahman, Resident of village- Haldaban, P.S. Dighalbank, District Kishanganj, Presently working as madarsa Abre Rahmat Haltaban, Dighalbank, District Kishanganj, Madarsa No. 573. 10. Md. Mosharraf Reza son of Amzad Husain Barkati, Resident of village- Karmegh North P.S. Lokaha, District- Madhubani, Presently working as madarsa Tanzeemul Mulmuslemen, Lokaha, District Madhubani, Madarsa No. 140. 11. Md. Nazim son of Md. Sadrul Haque, Resident of village- Husainpur Rahika, P.S. Hasanpur District- Madhubani, Presently working as madarsa Faiz-e- Aam Saveedia Hussainpur, Rahika, District Madhubani, Madarsa No. 763. 12. Md. Sanaullah son of Md. Samiullah, Resident of village- Garam Rampur, P.S.Gangati Gangti, District- Sitamarhi, Presently working as madarsa Faize Aam Sayeedia Hussainpura, District- Madhubani, Madarsa No. 763. 13. Rizwan Ahmad son of Faiyaz Ahmad, Resident of village- SatruPatti, Sarauti P.S. Ghogadya District Madhubani. Presently working as Madarsa Minntul Islam Satrupatti, District Madhubani, Madarsa No. 155. Patna High Court CWJC No.638 of 2025(2) dt.21-01-2025 2/3 14. Md. Mustafa son of Md. Tahir Ansari, Resident of village- Rajghatta Barari P.S. Benepatti, District- Madhubani, presently working as madarsa Islahul Muslemeen Rajghatta, Madhubani, Madarsa No. 1012. 15. Md. Jamil Ahmad son of Md. Sohil Ahmad, Resident Mohall- Near Masjid Balant Madhubani, Presently working as madarsa Azharul uloom Balant Maqsuda Madhubani, Madarsa No. 1045. 16. Shamim Ahmad son of Abdul Majid, Resident of village- Kajyahi Beta Karkarghati, P.S. Kakaagh District- Madhibani. Presently as madarsa Noorul Hoda Qazyahi Khajauli, District- Madhubani. Madarsa No. 143/1128. ... ... Petitioner/s Versus 1. The State of Bihar, through the Principal Secretary, Human Resources Development Department of Education, Government of Bihar. Patna. 2. The Special Director, Secondary Education, Education Department, Government of Bihar, Vikash Bhawan, Patna. 3. The Bihar State Madarsa Education Board, Patna, Through its Secretary, Bidyapati Marg, Patna. 4. The Chairman, Bihar State Madarsa Education Board, Patna. Bidyapati Marg, Patna. 5. The Secretary, Bihar State Madarsa Education Board, Patna, Bidyapati Marg, Patna. 6. The District Education Officer, Kishanganj District - Kishanganj. 7. The District Programme Officer, Establishment, Kishanganj District- Kishanganj. 8. The District Education Officer, Madhubani, District Madhubani. 9. The District Programme Officer, Establishment, Madhubani. District- Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowir For the Respondent/s : Mr. Government Pleader (12) For the Madarsa Board : Mr. Shahzad Hassan Khan Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 21-01-2025 Heard learned counsels for the parties. 2. Learned counsel for the petitioners submits that the case of the petitioners is fully covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases. Patna High Court CWJC No.638 of 2025(2) dt.21-01-2025 3/3 3. Considering the aforesaid facts, since the case of the petitioners stand on similar footings to that of the petitioners of L.P.A. No.43 of 2016, there is no requirement to keep pending the present writ application. 4. Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in L.P.A. No.43 of 2016, before the respondent no.2 within a period of four weeks and the respondent no.2 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in L.P.A. No.43 of 2016 within ten weeks from the date of filing of such representation by the petitioners and also pay the claim/admitted dues of the petitioners, if any. 5. It is made clear that respondent no.2 shall be personally held responsible for non-compliance of this order. 6. With the aforesaid directions, this writ application stands disposed of. shikha/- (Anjani Kumar Sharan, J) U