Patna High Court
Maulanagar Wakf Welfare Society M.W.E. ... vs The State Of Bihar And Ors on 8 August, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15726 of 2014
======================================================
Maulanagar Wakf Welfare Society M.W.E. High School, Chouramba, Munger
through its Secretary, Md. Irshad Ahmad Son of Md. Maqbool Ahmad,
Resident of Chouramba Shankarpur, P.S. - Muffasil, District - Munger.
... ... Petitioner
Versus
1. The State of Bihar.
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna.
3. The Director, Secondary Education, Human Resource Development
Department, Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education, Munger Division, Munger.
5. The District Education Officer, Munger.
6. The District Programme Officer Establishment, Munger.
7. Moulanagar Wakf State M.W.E. Educational and Welfare Society, Purab
Sarai, Munger through its Secretary,Md. Athar Imam Son of Late Hassan
Imam, Resident of Purab Sarai (Kambela Road), P.S. - Kotwali, District -
Munger.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Tej Bahadur Singh, Sr. Advocate
Mr. Brisketu Sharan Pandey, Advocate
Mr. Abhishek Kumar, Advocate
For the R. No. 7 : Mr. Abdul Manan Khan, Advocate
For the State : Mr. Alok Ranjan, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 08-08-2025
Heard learned senior counsel for the petitioner,
learned counsel appearing on behalf of the respondent no. 7 and
the learned counsel appearing on behalf of the respondent-State.
2. The present writ petition has been filed for the
grant of following reliefs:-
"(i) For quashing the order dated
22.07.2014
bearing memo no.563 issued under the
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
signature of respondent no.3 whereby and
whereunder the petitioner's society and the
managing committee run through the aforesaid
society has not been recognized and the managing
committee run by one Athar Imam through the
society (respondent no.7) has been held to be a
genuine one and the one capable of running the
institution namely M.W.E. High School, Munger.
(ii) For declaring that the order dated
22.07.2014 has been passed only the basis of
technicality that the petitioner at the time of hearing
/presenting their cause before respondent no.3 were
not the registered society whereas the respondent
no.7 respondent no.3 in spite of having severe
allegations and proved findings in three men
committee report is as per fit enough to run the
institution namely M.W..E. High School, Munger.
(iii) For declaring that the impugned order
dated defiance 22.07.2014 has been passed in
absolute defiance and non consideration of the
terms of reference framed by this Hon'ble Court in
its order dated 13.02.2013 passed in C.W.J.C.
No.12383 of 2009 which categorically mentioned
that while disposing the claim of in relation to rival
managing committee running in the same institution
the respondent no.3 is obliged to consider the three
men committee's report.
(iv) For holding that the impugned order is
bad in law as it has sought to recreate the same
situation which was severely criticized and
observations were made against the aforesaid
Secretary of the managing committee (respondent
no.7).
(v) For holding that impugned order dated
22.07.2014 issued by the respondent is bad in law
and is also against the law settled by the division
bench of this Hon'ble Court in C.W.J.C. No.6370 of
1988 through order dated 29.11.1988 wherein it has
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
been held that hearing should have been given on
merit and not on a mere technicality to deprive
some one from its genuine claim.
(vi) For issuing a writ of mandamus to the
respondents to recognize the petitioner society to be
the genuine society for running the M.W.E. High
School, Munger and issuing appropriate directions
for installing the managing committee of the
petitioner's society to run the institution.
(vii) For issuing appropriate directions that
until the pendency of the writ application the
District Education Officer through the senior most
teacher would disburse the salary and allowances
of teaching and non teaching employees of the
M.W.E. High School.
(viii) For directing the respondents not to
disburse grants-in-aid to the M.W.E. High School
through in the name of the managing committee
/Secretary or any of the members of the respondent
society (respondent no.7).
(ix) The Hon'ble Court may pass any other
orders which deem fits in the facts and
circumstances of the case and within the ends of
equity, justice and good conscience."
3. The petitioner had earlier approached this Court
vide CWJC No. 12383 of 2009. The said writ application was
heard and disposed of on 13.02.2013 (Annexure-10). While
disposing of this writ application, this Court made the following
observations:-
"Let the petitioners approach the Director,
Secondary Education, Patna on the issue of the so-
called interference in local affairs of the institutions
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
from day to day taking into consideration the
developments and the inquiry report which has
emerged as part of that exercise carried out by the
State authorities at the district level.
If the petitioners decide to approach the
Director, Secondary Education, he, after hearing
the parties to the disputes or all of those persons
who are claiming and are supposed to be running
one Committee or the other, will be heard and a
decision appropriate to the issue may be taken
within a reasonable time.
No interference is required in the direction
contained in Annexure-1 specially when admitted
position is that there is a local Committee operating
and are at the helm of the affairs.
Writ application is disposed of.
If the parties cooperate and do not seek
frivolous adjournments, efforts should be made for
a decision within a period of four months from the
date of receipt/production of a copy of this order."
4. In terms of the aforesaid order dated 13.02.2013,
passed in CWJC No. 12383 of 2009 (Annexure-10), the
petitioner claims to have filed a representation on 29.05.2013
(Annexure-11) before the Director, Secondary Education. This
representation filed by the petitioner was dismissed vide order
dated 21.07.2014 (Annexure-1), the operative portion of which
is quoted herein below for needful:-
"सु नवाई के दौरान उभय पक दारा प्रसतु त
कागजात / अभभले ख के भववे चन से सपषट होता है भक
प्रथम पक इरशाद अहमद की कभमभट प्रावधानो के
ू री ओर
अनु रप एक भनबं भधत सं सथा नहीं है । दस
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
द्भवतीय पक मो० अतहर इमाम की कभमभट सोसायटीज
रभजसट् रेशन ऐकट, 1860 के अधीन एक भनबं भधत
सं सथा है , भजसका मूल भवधान भी भनबं भधत है ।
भबहार अराजकीय माधयभमक भवदालय (प्रबं ध
एवं भनयं तर् ण ग्रहण), अभवभनयम, 1981 की धारा-18
(3) (क) मे अराजकीय अलपसं खयक माधयभमक
भवदालय के सं चालन के सं बंध मे भनमनां भकत प्रावधान
है :-
'प्रतये क अलपसं खयक माधयभमक भवदालय के
भलए प्रबं ध सभमभत होगी, जो सोसायटीज रभजसट् रेशन
ऐकट, 1860 के अधीन एक भनबं भधत सं सथा होगी
भजसके गठन एवं सं चालन का एक भलभखत भवधान
होगा।"
अतएव भबहार अराजकीय माधयभमक भवदालय
(प्रबं ध एवं भनयं तर् ण ग्रहण) अभधभनयम, 1981 मे
भकये गये प्रावधानो के आलोक मे द्भवतीय पक मो०
अतहर इमाम की कभमभट की मानयता दी जाती है ।"
5. It is the aforesaid order 21.07.2014 (Annexure-
1) which has been impugned in the present writ application.
6. From the above quoted operative portion of the
impugned order, it is clear that the representation of the
petitioner was dismissed on the technical ground that the
petitioner was not a registered society. In paragraph no. 16 of
the writ application, the petitioner has averred and stated as
follows:
"16. That the impugned order has been
passed in complete ignorance of fact that the
petitioner society before issuance of impugned order
was registered society and information regarding
the same was given to the respondent no.3 through
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
letter dated 20.05.2014 which was duly received at
the office of respondent no.3."
7. Further, from perusal of Annexure-13 to the writ
application which is a letter dated 20.05.2014 filed by the
petitioner before the Director, Secondary Education, it transpires
that the petitioner had brought on record the registration
certificate of the petitioner being a registered society and a copy
of the said registration certificate has also been brought on
record by way of Annexure-2.
8. It is the specific contention of the learned senior
counsel appearing on behalf of the petitioner that since
documentary proof of the fact that the petitioner was a
registered society had already been brought to the notice of the
Director, Secondary Education on 20.05.2014. Therefore, the
impugned order passed by the Director, Secondary Education,
dated 21.07.2014 on the technical ground that the petitioner was
not a registered society is not proper and hence, prayer has been
made by the petitioner that the impugned order be set aside and
the matter be remanded back to the Director, Secondary
Education for deciding the controversy / dispute on merit.
9. Per contra, the learned counsel appearing on
behalf of the respondent-State as well as respondent no. 7,
submits that there is nothing wrong in the impugned order dated
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
21.07.2014 (Annexure-1) passed by the Director, Secondary
Education because as on the date when the representation was
filed by the petitioner, i.e., on 29.05.2013, admittedly, the
petitioner was not a registered society. This admitted position
gets further entrenched from the perusal of the registration
certificate (Annexure-2), which clearly shows that the
petitioner's society was registered on 12.05.2014.
10. It is therefore, vehemently argued that since on
the date when the representation was filed by the petitioner, the
petitioner was not a registered society. Therefore, the Director,
Secondary Education has rightly dismissed the representation of
the petitioner on the ground that the petitioner was not a
registered society.
11. The facts are not in dispute in the present case.
It is an admitted position that pursuant to the earlier order of this
Court dated 13.02.2013 passed in CWJC No. 12383 of 2009,
when the petitioner had filed the representation before the
Director, Secondary Education on 29.05.2013, the petitioner
was not a registered society. It is also not in dispute that the
petitioner had brought on record documentary proof of the fact
that the petitioner stood registered as a society under the Society
Registration Act on 12.05.2017 and this was informed to the
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
Director, Secondary Education on 20.05.2014 by way of
Annexure-13.
12. Annexure-13 also bears the receiving by the
office of the respondent Director, Secondary Education and this
fact has also not been denied by the respondent-State in their
counter-affidavit. On a further opportunity being granted to the
respondent-State to verify this aspect of the matter, the learned
counsel appearing on behalf of the respondent-State appears and
submits that he has nothing further to say in this matter for the
reason that all the records of that period stood destroyed on
account of fire in the Department.
13. However, from the counter-affidavit filed by
the respondent-State, it is clear that they have not denied to the
specific statement made by the petitioner in paragraph no. 16 of
the writ application, whereby the petitioner has specifically
contended that the information regarding the petitioner being a
registered society was given to the Director, Secondary
Education on 20.05.2014 which carries the receiving signature
of the office of the respondent no. 3 (Director, Secondary
Education).
14. Learned counsel for the petitioner in support of
his argument has relied upon a judgment of this Court delivered
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
in the case of Hafiz Mubarak Hussain Memorial Trust & Anr.
v. The State of Bihar through the Education Commissioner &
Ors., which has been brought on record by way of Annexure-16
in which this Court, in a similar issue has held and observed as
follows:
"It appears to us that the said decision of the
Director of Education dated the 29th July, 1988, has
not decided the matters going to the root of the
disputes. Apart from the question of registration it is
to be decided as to which managing committee has
the right in law to the management and control of
the Academy and also whether the Trust, which is
itself a registered society, retains any control over
the management of the said Academy. The decision
appears to be based on the simple view that any
society registered at any subsequent point of time in
the name of the Academy or its managing committee
will be entitled on the strength of such registration to
assume management thereof.
We are not satisfied with the decision of the
Director of Education which has not gone into all
relevant facts and matters in issue and we hold that
the same cannot be treated as final and binding on
the parties."
15. In the present case also, the Director, Secondary
Education has rejected the representation of the petitioner on a
technical ground of the petitioner not being a registered society.
Despite the fact that when the proceeding was pending before
him, the said defect stood cured when the petitioner had
produced a copy of the registration certificate of the petitioner
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
being a registered society. Despite the documentary proof,
having been brought on record by the petitioner of him being a
registered society, the Director, Secondary Education choose not
to consider the same and without going into the root of the
dispute has rejected the representation of the petitioner on a
technical ground.
16. Finding myself completely aligned with the
view expressed by this Court, in a similar dispute while
deciding CWJC No. 6370 of 1988 by judgment dated
29.11.1988 (Annexure-16), I deem it proper and in the interest
of justice to set aside the order dated 21.07.2014 contained in
Memo No. 563 passed by the Director, Secondary Education
(respondent no. 3) and remand the entire matter back to the
Director, Secondary Education to decide the entire controversy /
dispute on merit after hearing all the parties concerned.
17. It is expected that the entire controversy /
dispute existing between the parties will be decided
expeditiously as possible, preferably within a period of six
months from the date of production of a copy of this order.
18. With the aforesaid observation / direction, the
present writ application is allowed to the aforesaid extent. '
19. Accordingly, the present writ application stands
Patna High Court CWJC No.15726 of 2014 dt.08-08-2025
disposed of.
(Alok Kumar Sinha, J)
Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 12.08.2025
Transmission Date N/A
