Md. Omar Faruque vs The State Of Bihar
2025 Latest Caselaw 293 Patna

Patna High Court

Md. Omar Faruque vs The State Of Bihar on 14 May, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12771 of 2023
     ======================================================
     Md. Omar Faruque Son of Md Sadique Ansari, resident of Village -
     Fatehabad, P.S. - Paru, District - Muzaffarpur, presently working as Head
     Maulvi, Madarasa Fathul Uloom Madarasa, Fatehabad, Madarasa no. 65,
     Muzaffarpur.

                                                               ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Department of
     Education, Government of Bihar.
2.   The Principal Secretary, Department of Education, Government of Bihar
     Patna.
3.   The Additional Chief Secretary, Department of Education, Government of
     Bihar Patna.
4.   The Special Director, Secondary Education, Government of Bihar, Patna.
5.   The Chairman, Bihar State Madarasa Education Board Patna.
6.   Bihar State Madarasa Education Board Patna through its Secretary.
7.   The Secretary, Bihar State Madarasa Education Board Patna.
8.   Madarsa Fathul Uloom at village Fatehabad, Paru, District - Muzaffarpur
     through its Managing Committee.
9.   The Secretary, Managing Committee, Madarasa Fathul Uloom at village-
     Fatehabad, Paru, District- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner   :       Mr. Saroj Kumar, Advocate
     For the State        :       Mr. Prabhakar Jha, GP-27
     For Madarsa Board1   :       Mr. Shahzad Hassan Khan, Advocate
                                  Mr. Md. Aslam Ansari, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
     ORAL JUDGMENT

Date : 14-05-2025

By filing this writ petition, the petitioner has

challenged the order dated 21.03.2023 issued by the

Respondent No.5 / The Chairman, Bihar State Madarasa

Education Board, Patna (Annexure-6), whereby one Abdul

Halim has been appointed as Head Maulavi of the Madarsa.

Patna High Court CWJC No.12771 of 2023 dt.14-05-2025

2. Mr. Abdul Halim was appointed as Head Maulavi

of the Madarsa by the order under challenge has, however, not

been made party in the writ petition.

3. In the absence of Abdul Halim as respondent in

the writ petition whose appointment as Head Maulavi of the

Madarsa is under challenge, no relief sought for by the

petitioner can be granted in the form and content the writ

petition has been filed.

4. In that view of the matter, this writ petition is

hereby disposed of with a liberty granted to the petitioner to

file a fresh writ petition by impleading Abdul Halim as

respondent in the writ petition, if so advised.

(Nani Tagia, J) Narendra/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          14.05.2025
Transmission Date       N.A.