Patna High Court
Md. Neyaz Ahmad vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10867 of 2020
======================================================
Md. Neyaz Ahmad, Son of Md. Salimuddin Resident of village - Chilhenia,
P.S. - Jalagarh, District- Araria at present C/o- Dr. Idris Ahmad Mohalla -
Dujra Main Road, Buddha Colony, P.S. - Buddha Colony, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Home Secretary, Government of Bihar, Patna.
4. The Principal Secretary, Education Department, Government of Bihar,
Patna.
5. The Special Secretary, Education Department, Government of Bihar, Patna.
6. The Special Director, Secondary Education, Department of Education,
Government of Bihar, Patna.
7. The Principal Secretary, Vigilance Department, Government of Bihar, Patna.
8. The Director Vigilance, Vigilance Department, Government of Bihar, Patna.
9. The Chairman, Bihar State Madarsa Education Board, Patna.
10. The Secretary, Bihar State Madarsa Education Board, Patna.
11. Mr. Abdul Qaiyum Ansari, the Chairman, Bihar State Madarsa Education
Board, Patna.
12. The Md. Seyeed Ansari, the Secretary, Bihar State Madarsa Education
Board, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikas Kumar, Advocate
For the Respondent/s : Mr. Smt. Shilpa Singh, G.A. 12
======================================================
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 28-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.10867 of 2020 dt.28-06-2021
"For a direction to respondent
authorities of the State of Bihar
Particularly Respondent No. 4 and
Respondent No. 7 for instituting an
inquiry against omission/commission
committed by Respondent No. 11 in his
capacity as
Chairman, Bihar State Madarsa
Education Board (Hereinafter referred
to as Board).
to take steps for removal of Respondent
No. 11 from the office of Chairman of
the Board as neither he posses requisite
qualification in terms of Section 10 of
Bihar State Madarsa Education Board
Act, 1981 (hereinafter referred to as
Act) nor he is discharging his duty and
responsibility consistent with the object
of the Act.
C. For restraining the Respondent No.
11 from discharging the functions of
Chairman of the Board during the
period, the inquiry regarding
omission/commission committed by
him is concluded.
to make interim arrangement in terms
of Section 13 of the Act."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks from
Patna High Court CWJC No.10867 of 2020 dt.28-06-2021
today for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the
following terms:-
(a) Petitioner shall approach the authority
concerned within a period of four weeks from today by filing
a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and speaking order
preferably within a period of three months from the date of its
filing along with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
Patna High Court CWJC No.10867 of 2020 dt.28-06-2021
(e) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so rises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits.
All issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person
i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
