Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 89695 (PAT)

Md. Najmul Hoda v. The State of Bihar

CWJC/1168/2025 · 2025-01-27

Anjani Kumar Sharan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1168 of 2025 ====================================================== 1. Md. Najmul Hoda Son of Md. Shamsul Hoda, Resident of Village- Kurudih, P.S.- Goradih, District- Bhagalpur, presently working as Madarsa Teacher in Madarsatul Banat At Kurudih P.O. Badluchak, P.S. Goradih, District- Bhagalpur. 2. Md. Mashkoor Azam Son of Mualana Abdullah, Resident of Village- Hardia, P.S. Chhauradano, District- East Champaran. Presently working as Madarsa Teacher in Madarsa Islamia Arabia, At Rampur Kondar, P.O.- Kesaria, District- East Champaran. 3. Hafiz Md. Jibrail @ Md. Jibrail Son of Thage Mian, Resident of Village- Semrhiya, P.S.- Chhauradano, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Darul Islam, At Siswa Tola, Madheya, District- East Champaran. 4. Jawed Alam Son of Abdul Hasan, At- Khairi, P.S.- Banjaria, District- East Champaran, Presently working as Madarsa teacher in Madarsa Islamia, At- Dariyapur, District- East Champaran. 5. Sarwar Jamil Son of Md. Jamil Akhtar, Resident of Village- Jamunia, P.O.- Phenhara, P.S.- Phenhara, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Darul Uloom, At- Ejorbara, P.O.- Khas, Via Phenhara, District- East Champaran. 6. Iftekhar Ahmad Son of Aezazul Haque, Resident of Village- Belwa, P.S.- Sathi, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Anjuman Islamia, At- Motihari, District- East Champaran. 7. Md. Noore Nabi Son of Md. Salim, Resident of Village- Chainpur via- Dhaka, P.S.- Dhaka, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Islamia Arabia, At- Rampur Kondar, P.O.- Kesaria, District- East Champaran. 8. Abid Equbal Son of Md. Motihullah, Resident of Village- Bara Deh Bairiya, Kesaria, P.S.- Kesaria, District- East Champaran, Presently working as a Madarsa Teacher in Madarsa Islamia Anjuman Rafahul Muslemin, At- Rampur Bairiya, P.O.- Bairiya, District- East Champaran. 9. Zobair Ahmad Son of Noor Ahmad, Resident of Village- Bhogari Barwa Majhaulia, P.S.- Majhaulia, District- West Champaran, Presently working as Madarsa Teacher in Madarsa Anjuman Rafahul Muslemin, At- Rampur Bairiya, P.O.- Bairiya, District- East Champaran. 10. Zahid Hussain Son of Md. Alim, Resident of Village- Pakhi Andhra, Adapur, P.S.- Adapur, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Islamia Anjuman Rafahul Muslemin, At- Rampur Bairiya, P.O.- Bairiya, District- East Champaran. 11. Md. Anwarul Haque Son of Abdul Latif, Resident of Village- Do ho Soho, P.O.- Pokaria, Chora Danu, P.S.- Chhauradano, District- East Champaran, Presently working as Madarsa Teacher in Madarsa Islamia Anjuman Rafahul Muslemin, At- Rampur Bairiya, P.O. Bairiya, District- East Champaran. 12. Zeyaul Haque Son of Nek Mohammad Resident of Village- Gharwa, P.S. Ramgarhwa, District- East Champaran, present working as Madarsa Teacher Patna High Court CWJC No.1168 of 2025(2) dt.27-01-2025 2/4 in Madarsa Falahul Muslemin At Ramgadhwa P.O. Ramgadhwa District- East Champaran. 13. Azad Hussain Son of Ahmad Hussain, Resident of Village- Dilaspur P.O. Muria P.S. Ramgarhwa, District- East Champaran, presently working as Madarsa teacher in Madarsa Dar Ululoom Azizia Ashrafia At and P.O. Maharajganj, P.S. Maharajganj, District Siwan. 14. Zamiruddin Son of Abdul Wadood, Resident of Village- Bisbitta Bazar, P.O. Bisbitta Bazar, P.S.- Majorganj, District- Sitamarhi presently working as Madarsa teacher in Madarsa Dar ululoom Azizia Ashrafia At and P.O. Maharajganj, P.S. Maharajganj, District Siwan. 15. Abdus Samad Son of Abdul Qadir, Resident of Village- Mohammadpur, P.S. Banjaria, District- East Champaran presently working as Madarsa teacher in Madarsa Jamia Islamia Madhopur, P.O. Tarkolia, District East Champaran. 16. Md. Jamil Akhtar Son of Md. Muzaffar Husain, Resident of Village- Shankarpur, P.S.- Balua Bazar, District- Supaul, presently working as a Madarsa Teacher in Madarsa Faizul Karim, P.O. Fatehan, District- Muzaffarpur. 17. Md. Shakir Hussain Son of Noorul Hoda, Resident of Village- Korra, Bishanpur, P.S.- Balia Belon, District- Katihar, Presently working as a Madarsa Teacher in Madarsa Islmia, At Korra Bishnapur, P.O. Balia Belon, District- Katihar. 18. Md. Ghufran @ Md. Gufran Alam Son of Md. Imteaz Uddin, Resident of Village- Bhagwanpur, P.O.- Araria Bairgachi, P.S.- Bairgachi, District- Araria, Presently working as Madarsa Teacher in Madarsa Islahul Muslemin, At- Bhagwanpur, P.O.- Araria, Bairgachi, District- Araria. 19. Md. Ataul Moin Son of Md. Moinuddin, Resident of Village- Ufril tetalia, P.O.- Kurhela Bobra, via- Salmari, P.S.- Kadwa, District- Katihar, Presently working as Madarsa Teacher in Madarsa Islamia Mohiul Uloom, At Shukul toli, District- Siwan. 20. Zamir Ahmad Son of Late Basir Ahmad, Resident of Village- Shaikh Mohalla, P.O.- Siwan, P.S.- Siwan, District- Siwan, Presently working as Madarsa Teacher in Madarsa Islamia Mohiul Uloom, At Shukul Toli, District- Siwan. 21. Fakhruddin Ali Son of Muinuddin, Resident of Village- Patna, P.S.- Lar, District- Deoria (U.P.), Presently working as Madarsa Teacher in Madarsa Islamia Mohiul Uloom, At Shukul Toli, District- Siwan. 22. Enamul Haque Son of Md. Abid Hussain, Resident of Village- Bauharwa, P.S.- Jalai, District- Saharsa, Presently working as Madarsa Teacher in Madarsa Fazle Rahmani At and P.O. Bhelahi Via Maheshi District- Saharsa. 23. Abdul Wahid Ansari Son of Abdur Rashid Quadri, Resident of Village- Bhalgain, P.S.- Taraiya, District- Saran at Chhapra, Presently working as Madarsa Teacher in Madarsa Quadria Anwarul Uloom, At and P.O. Serbela, District- Saharsa. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Education Department, Patna High Court CWJC No.1168 of 2025(2) dt.27-01-2025 3/4 Government of Bihar, Patna. 2. The Principal Secretary, Finance Department, Government of Bihar, Patna. 3. The Special Director, Secondary Education Department, Government of Bihar, New Secretariat, Patna. 4. Bihar State Madarsa Education Board, Patna through its Secretary, Patna. 5. The District Programme Officer (Establishment), Bhagalpur. 6. The District Education Officer, Bhagalpur. 7. The District Programme Officer (Establishment), East Champaran. 8. The District Education Officer, East Champaran. 9. The District Programme Officer (Establishment), Katihar. 10. The District Education Officer, Katihar. 11. The District Programme Officer (Establishment), Muzaffarpur. 12. The District Education Officer, Muzaffarpur. 13. The District Programme Officer (Establishment), Araria. 14. The District Education Officer, Araria. 15. The District Programme Officer (Establishment), Siwan. 16. The District Education Officer, Swian. 17. The District Programme Officer (Establishment), Saharsa. 18. The District Education Officer, Saharsa. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Md. Rahmatullah, Advocate For the State : Mr. Sunil Kr. Mandal, S.C.-3 Mr. Arjun Prasad, AC to SC-3 For Madarsa Board : Mr. Shahzad Hassan Khan, Advocate Mr. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 27-01-2025 Heard learned counsel for the parties. 2. Learned counsel for the petitioners submits that the issues raised in the present writ application is squarely covered by the judgment dated 13.08.2019 of this Court passed in L.P.A. No. 43 of 2016 and other analogous cases as also the judgment dated 01.03.2024 passed in C.W.J.C. No.96 of 2024. Patna High Court CWJC No.1168 of 2025(2) dt.27-01-2025 4/4 3. Learned counsel for the respondents have no objection to the aforesaid submission. 4. In such view of the matter, the petitioners are directed to file a detailed representation before respondent no. 3 along with all supporting documents within a period of two weeks and the respondent no. 3 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within two months thereafter. 5. It is made clear that respondent no. 3 shall be solely liable for non-compliance of this order within the stipulated period. 6. With the aforesaid direction, this writ application stands disposed of. priyanka/- (Anjani Kumar Sharan, J) U