IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14559 of 2022 ====================================================== 1. Zikrul Haque Son of Late Md. Siddique @ Siddique, Resident of Village- Khahtrahi Amour P.O. Fafania P.S.- Baisi, District- Purnia. At present Science Teacher at Madrasa Noorul Islam Patalwa P.S.- Surjapur P.S. and District- Kishanganj Madrsa No. 704. 2. Md. Khalilur Rahman Son of Md. Suleman Resident of Village- Chandra Gaon P.O.- Loucha P.S.- Bahadurganj District- Kishanganj. At present Science Teacher at Madrasa Altafiya Charakpara P.O. -Loucha P.S.- Bahadurganj District- Kishanganj, Madrasa No. 479. 3. Abdul Mannan Son of Sultan Ahmad, Resident of Village- Kanhaiya Bari Tegharia P.S.- Kichadhaman District- Kishanganj. At present Science Teacher at Madrasa Mofidul Islam Teghariya P.O.- Gangihaat P.S.- Kochadhaman District- Kishanganj, Madrasa No. 484. 4. Md. Shamsul Haque Son of Abdul Gaffar Resident of Village- Mahesh Bathna P.S.- Bahadurganj District- Kishanganj. At present Science Teacher at Madrasa Tabligul Islam P.S.- Bahadurganj, District - Kishanganj. Madrasa No. 504. 5. Md. Iftekhar Alam Son of Sarfuddin, Resident of Village -Chhatargachh P.S.- Chhatargachh District- Kishanganj. At present Science Teacher at Madrasa Noor-e-Tajamia Kathal Bari Idgah, P.S- Pothiya, District- Kishanganj. Madrasa No. 603. 6. Maimur Sultan Son of Abdul Hussain, Resident of Village- Mahatgachh P.S. Pothiya District- Kishanganj. At present Science Teacher at Madrasa Islamia Makhtubia Nawnadi, P.S.- Pothiya District- Kishanganj, Madrasa No. 740. 7. Md. Zubair Alam Son of Md. Salim, Resident of Village and P.O.- Urlaha Tola- Dhapher P.S.- Palasi District- Araria. At present Science Teacher at Madrasa Ziqul-Islam Kujri District- Araria. Madrasa No. 386. 8. Iftekhar Alam Son of Md. Salim, Resident of Village Balwa, P.S.- Mahalgaon District- Araria. At present Science Teacher at Madrasa Asafulla Bemat Jogindar P.S.- Mahalgaon District- Araria Madrasa No. 838. 9. Md. Shaique Nadeem Son of Nayeemuddin Resident of Village- Chakai P.S. Jokihat District- Araria. At present Science Teacher at Madrasa Miftahul Uloom Chakai Idgah, P.S.- Jokihat District- Araria, Madrasa No. 377. 10. Shoukat Ali Son of Sayeedur Rahman, Resident of Village- Kashibari P.S.- Patna High Court CWJC No.14559 of 2022(6) dt.05-05-2025 2/6 Jokihat District- Araria. At present Science Teacher at Madrasa Anwarul Uloom Boriya Dhobania, P.S.- Jokihat District- Araria. Madrasa No. 46/J2. 11. Md Taurait Alam son of Mahfooz Alam, Resident of Village- Mahdeva Pathdrabari P.S. Jokihat District- Araria. At present Science Teacher at Madrasa Islahia Thapkol P.S.- Jokihat District- Araria. Madrasa No. 395. 12. Md. Ehraz Alam son of Abdul Kareem, Resident of Village- Hardar Tola P.S.- Jokihat District- Araria. At present Science Teacher at Madrasa Kamrul Islam Dohamana, Dalmalpur, P.S.- Jokihat District- Araria. Madrasa No. 960. 13. Md. Abdus Salam son of Abdul Majeed, Resident of Village- Madhopur P.S.- Barsohi District- Katihar. At present Science Teacher at Madrasa Kutbul Uloom Madhepur, P.S. Barsohi District- Katihar. Madrasa No. 1199 14. Sanzar Alam son of Nurul Hoda, Resident of Village- Barsohi P.S.- Barsohi District- Katihar. At present Science Teacher at Madrasa Mazharul Uloom Serajmani Chikni Tola P.S.- Barsohi, District- Katihar, Madrasa No.- 1185. 15. Md. Zahoor Alam son of Md. Alimullah, Resident of Village and P.S.- Gawal Toli P.S. Barsohi District- Katihar. At present science teacher at Madrasa Anjuman e Islamia Gowal Toli, P.S.- Barsohi, District- Katihar Madrasa No. - 621. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Education Department, Patna, Bihar. 2. The Additional Chief Secretary, Education Department, Patna, Bihar. 3. The Special Director, Secondary Education, Patna, Bihar. 4. The District Education Officer, Araria District- Araria. 5. The District Programme Officer (Estb) Araria District- Araria. 6. The District Education Officer, District- Kishanganj. 7. The District Programme Officer (Estb) District- Kishanganj. 8. The District Education Officer, District- Katihar. 9. The District Programme Officer (Estb) District- Katihar. 10. The Bihar State Madrasa Education Board, Patna, Bihar through its Chairman, Haroon Nagar, Phulwari Sharif, Patna. 11. The Secretary, Bihar State Madrasa Education Board, Haroon Nagar, P.S.- Phulwari Sharif, District- Patna. 12. The Union of India through its Secretary, Govt. of Delhi, New Delhi. Patna High Court CWJC No.14559 of 2022(6) dt.05-05-2025 3/6 ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate For the Respondent/s : Mr. Madhaw Prasad Yadaw ( GP-23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 6 05-05-2025 Heard learned counsel for the parties. 2. The petitioners, fifteen in numbers, stating to be working as Science Teacher in the madrasas of Kishanganj, Katihar and Araria districts, have filed this writ petition with the following prayer: “I. For issuance in the nature of certiorari quashing the order passed by Additional Principal Secretary, Education Department, Bihar, Patna on 01.09.2022 whereby said officer directed to concern District Education Officer who terminate all science teacher who hold I.S.c. degree because Central Govt. issued in the year of 2012-13 if any I.Sc. Teacher who got B.Sc. Petitioners appointed as science teacher in madrasas under central scheme SPQEM (Scheme for providing quality education in Madrasa). He also accepted arrear of salary under consideration. And accepted that B.Sc. teacher’s monthly salary is Rs. 6000/- M.Sc. teachers-Rs. 12000/- and rest Rs. 3000/-. II. For quashing the letter Patna High Court CWJC No.14559 of 2022(6) dt.05-05-2025 4/6 no.-617 dated 07.09.2022 passed by District Education Officer Kishanganj and other District Education Officer in compliance of order of Additional Secretary dated 01.09.2022 in case of Md Manzar Alam v/s State of Bihar issued office order and directed to president, secretary and head moulvi of the concern managing committee who terminated the science teacher who hold I.Sc. degree because in the year of 2012-13 central Govt. issued letter dated 19.02.2014 for concern I.Sc. teacher under scheme SPQEM who got B.Sc. Degree. But said letter not sent to petitioners or concern managing committee or madrasa board till the date. So many writ petition filed by several aggrieved persons but never disclose that types of letter. So both letters dated 01.09.2022 & 07.09.2022 may be set aside. III. For also prayed that petitioner join their service in the year of 1997-1999 but till the date not paid salary of the petitioner by the department. So arrear of salary may be paid to petitioners.” 3. Though the petitioners have prayed for as above, learned advocate for the petitioners have submitted that the fundamental grievance of the petitioners’ are that though the petitioners have been working as Science Teacher in the madrasas of the aforesaid three districts since Patna High Court CWJC No.14559 of 2022(6) dt.05-05-2025 5/6 1998-99, they have not been paid their salary. 4. The only statement made by the petitioners in the writ petition with regard to non-payment of their salary is in paragraph no. 14 to the writ petition, which is as under: “14. That, all the science teachers they are working from 1998- 99 to till the date without any payment, thewy suffering from many hardship and their family on foot path due to non-payment of their salary.” 5. Though respondent nos. 6 and 9 have filed counter affidavits, averments made in paragraph 14 of the writ petition by the petitioners have not been specifically answered in the counter affidavits filed by the respondent nos. 6 and 9. 6. Under the circumstances, since the averments made by the petitioners in paragraph 14 of the writ petition itself is also very vague, this writ petition is hereby disposed of with a direction to the District Education Officers of the districtsof Kishanganj, Katihar and Araria to make an enquiry as to whether the petitioners have worked as Science Teacher in the madrasas since 1998-99 and thereafter, to act in accordance with law on the basis of the Patna High Court CWJC No.14559 of 2022(6) dt.05-05-2025 6/6 enquiry that may be made by the District Education Officers of the aforesaid districts. 7. The enquiry as directed shall be completed within a period of four months from the date of the receipt of the copy of this order. 8. The writ petition stands disposed of with the above directions. Nilmani/- (Nani Tagia, J) U