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Md. Safik vs The State Of Jharkhand Through Its ...
2026 Latest Caselaw 1637 Jhar

Citation : 2026 Latest Caselaw 1637 Jhar
Judgement Date : 9 March, 2026

[Cites 0, Cited by 0]

Jharkhand High Court

Md. Safik vs The State Of Jharkhand Through Its ... on 9 March, 2026

Author: Rajesh Kumar
Bench: Rajesh Kumar
    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Writ Jurisdiction)
                      W.P. (C) No.623 of 2023
                                  ----

1. Md. Safik, aged about 55 years, son of Manwar Ali, resident of Village Gangadda, P.O. Radipur Panchayat-Bankura, P.S. Maheshpur Raj, District Pakur.

2. Arsad Ali, aged about 46 years, son of Mahammad Madeshwar Hossain, resident of Village Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

3. Md. Ali Ashgar, aged about 73 years, son of Md. Kurban Ali, resident of Village Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

4. Ali Ahmad, aged about 45 years, son of Manuvar Ali, resident of Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

5. Motibul Shekh @ Motibul Mandal, aged about 41 years, son of Masihar Mandal, resident of Radipur, P.O. Radipur, P.S. Maheshpur, District Pakur.

6. Asgar Ali, aged about 73 years, son of Fakir Mohammad, resident of Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

.... .... Petitioner(s) Versus

1. The State of Jharkhand through its Secretary, Department of School Education & Literacy, having office at M.D.I. Building, Dhurwa, P.O. Dhurwa, P.S Jagarnathpur, District Ranchi.

2. Regional Joint Director of Education, Santhal Pargana Division, Dumka, P.O. Dumka, P.S. Dumka, District Dumka.

3. Deputy Commissioner, Pakur, P.O. Pakur, P.S. Pakur, District Pakur.

4. Director, Secondary Education, Department of School Education & Literacy, having office at M.D.I. Building, Dhurwa, P.O. Dhurwa, P.S Jagarnathpur, District Ranchi.

5. District Education Officer, Pakur, P.O. Pakur, P.S. Pakur, District Pakur.

6. Jharkhand Academic Council, having office at Gyandeep Campus, JAC Road, Namkum, Bargawan, P.O. Namkum, P.S. Namkum, District Ranchi.

7. Sub-Divisional Officer, Pakur, P.O. Pakur, P.S. Pakur, District Pakur.

8. Sahjahan Mandal, son of Manik Mandal, Shiksha Vid cum President, Madarsa Nurul Banat, Gangadda, resident of Village Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

9. Ali Raza, son of Late Ghulam Mustafa, Secretary, Madarsa Nurul Banat, Gangadda, resident of Village Gangadda, P.O. Radipur, P.S. Maheshpur, District Pakur.

10. Md. Misbahuddin, son of Md. Abu Bakar, Head Moulvi, Madarsa Nurul Banat, Gangadda, resident of Village Gangadda, P.O. Radipur, P.S. Maheshpur, District - Pakur. .... .... Respondent(s)

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner(s) : Mr. Navin Kr. Singh, Adv. For the Respondent(s) : Mrs. Richa Sanchita, Adv.

Ms. Risheeta Singh, Adv.

Mr. Ashim Kr. Sahani, Adv.

----

th 06/Dated: 09 March, 2026

1. The present writ petition has been filed for following reliefs:-

"(i) For a direction commanding upon the respondent-State to dissolve the committee of the Madarsa Nurul Banat, Gangadda, as the same has been constituted in gross violation of the rule and regulations guided for the constitution of the Committee;

AND

(ii) For a direction commanding upon the respondent no.6 to stop the approval given by the Managing Committee as gross illegalities have been conducted by the Managing Committee in the examination to give appointment on the post of Moulvi and Alim to their near and dear ones;

AND

(iii) For conducting an independent enquiry by the respondent no.6 and thereafter cancel the examination for appointment on the post of Moulvi and Alim, inspite of all the illegalities brought to the knowledge of respondent no.6 and other respondents, then also no heed has been taken by them for the reasons best known;

AND

(iv) For a direction commanding upon the respondent no.6 to bring the report, as what action has been taken by them pursuant to the representation of the donor, mukhiya and the villagers;

AND

(v) To call for the entire record on the basis of which the present Committee has been constituted in Madarsa Nurul Banat, Gangadda;

AND

(vi) For a direction commanding upon the respondents to bring the rule that a person who belongs to West Bengal and of other State cannot become a donor in the State of Jharkhand;

AND

(vii) During the pendency of the writ petition, the recommendation letter sent by the Managing Committee for appointment on the post of Moulvi and Alim may not be approved by respondent no.6 and may kindly be ordered to be stayed;"

2. In spite of valid service of notice, Respondent Nos. 8 and 9 have chosen not to appear before this Court; accordingly, they are restrained from discharging their functions as Shiksha Vid-cum-President and Secretary of Madarsa Nurul Banat, Gangadda, District-Pakur.

3. Jharkhand Academic Council is directed to make an enquiry regarding the above quoted issues and submit a report to this Court within four weeks.

4. As prayed for, put up this case on 21.04.2026.

5. In the meantime, private respondent No.10 is at liberty to file counter affidavit.

(Rajesh Kumar, J.)

Dated: 09th March, 2026 Amar/-

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