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Patna High Court
Madarsa Zikratun Nisa vs The State Of Bihar on 5 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25428 of 2019
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Madarsa Zikratun Nisa through its Secretary Dr. S.M. Naiyer Imam, aged
about 70 years (Male), son of Late S.M. Zareef, situated at Village- Bahera,
Block- Benipur, P.S.- Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Secretary, Bihar State Madrasa Education Board, Patna.
3. The District Magistrate, Darbhanga.
4. The District Education Officer, Darbhanga.
5. The District Programme Officer, Lekha and Yojana, Darbhanga.
6. The Circle Officer, Block- Benipur, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate
For the State : Mr. Jitendra Kr. Roy 1 (SC-13)
Mr. Hitesh Suman, AC to SC-13
For the Madarsa Board : Mr. Shahzad Hassan Khan, Advocate
Mr. Aslam Ansari, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-02-2026
At the outset, learned Advocate for the petitioner
seeks permission to make necessary correction in the name of
the Secretary of the petitioner's Madarsa, in pursuant to the
orders of this Court dated 09.10.2025 and 22.01.2016.
2. Permission is accorded.
3. Heard the parties.
4. Taking note of the conflicting report of different
officials, this Court vide order 29.04.2025 directed the District
Patna High Court CWJC No.25428 of 2019 dt.05-02-2026
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Magistrate, Darbhanga to conduct an enquiry regarding
infrastructure and functioning of the Madarsa Zikratun Nisa
preferably within a period of three months. In pursuant thereto,
a three men committee has been constituted vide Memo No.
2148 dated 09.06.2025 issued under the signature of District
Magistrate, Darbhanga. The committee so constituted consisted
of (i) Sub-Divisional Officer, Benipur, Darbhanga, as Chairman,
(ii) The Deputy Collector, Land Reforms, Benipur, Darbhanga,
as Member and (iii) The District Programme Officer
(Establishment), Darbhanga as Member.
5. As per enquiry conducted by the three men
Committee, submitted a joint report dated 03.08.2025. Referring
to the joint report, this Court is apprised that from the revenue
records, it appears that total 21.1 decimals of land has been
running in the name of Madarsa and out of the said land, there is
a building of Madarsa erected over 1 Katha and 10 dhurs. The
remaining land is vacant. However, at present the Madarsa is
found to be in dilapidated condition and non-functional.
6. Mr. Ashhar Mustafa, learned Advocate for the
petitioner adverting to the materials available on record
submitted that besides the conflicting report from different
authorities, the three men committee constituted by the District
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Magistrate, Darbhanga has failed to submit inspection report in
terms with the regulations, as prescribed for inspection of
Madarsa. In the year, 2016, to be more specific i.e. on
13.06.2016
the joint committee of the District Education
Officer, Darbhanga and District Programme Officer (Accounts
and Planning), Darbhanga has submitted an inspection report
within a prescribed format disclosing therein all the particulars
separately, including the prescriptions of the land, size of the
class rooms, name of the teachers and the member of the
Managing Committee as well as number of students, who were
pursuing their studies in the said Madarsa. However, at the time
of inspection pursuant to the order of this Court, neither the
member of the Managing Committee nor the Head Maulvi has
been informed with regard to the inspection of the Madarsa or
any time schedule so that they may produce all the records
relating to Madarsa.
7. It is the specific contention of the petitioner that
at no point of time, the physical inspection has been conducted
by the authorities, rather only a photograph has been obtained,
based upon which a report has been prepared. The aforesaid
report cannot be said to be an inspection report in the eyes of
law.
Patna High Court CWJC No.25428 of 2019 dt.05-02-2026
8. On the other hand, Mr. Hitesh Suman, learned
Advocate for the State refuting the afore noted contention has
submitted that all the three members of the Committee are
Senior Officials of the State of Bihar and they visited at the site
and thereafter submitted a report. The report clearly suggest that
the Madarsa was not functional, the building was dilapidated
and there is hardly any evidence that the Madarsa was running
in the said building.
9. Learned Advocate for the Madarsa submits that
in pursuant to the order of this Court, a detailed enquiry as well
as physical inspection has been done by the authorities of the
State and in the said process altogether 2459 educational
institutions, which were registered under the Madarsa Act have
been duly inspected and in case it has been found that some
institutions are not fulfilling the criteria, having a requisite
infrastructure as stipulated under the law and more specifically
under the Madarsa Act, they have been given opportunity to
approach before the authorities concerned with an undertaking
for removal of the deficiencies, if any.
10. Having considered the submissions advanced
by the learned Advocate for the respective parties and taking
note of the manner, in which inspection was conducted without
Patna High Court CWJC No.25428 of 2019 dt.05-02-2026
giving any proper notice or opportunity to the members of the
Managing Committee, this Court is not satisfied with the joint
report dated 03.08.2025, besides the facts acknowledged by all
the parties that earlier in the light of Resolution No. 162 dated
15.02.2011 and the letter issued by the Secretary, Bihar State
Madarsa Education Board, physical inspection of Madarsa, in
question, was conducted on 09.06.2016. The copy of the report
as appended to the letter no. 480, dated 15.06.2016,
categorically provided all the particulars separately, but the
present physical inspection report submitted by three men
committee does not appear to be in conformity with afore noted
resolution and the letter.
11. In view thereof, this Court directs the District
Education Officer, Darbhanga as well as District Programme
Officer (Establishment), Darbhanga to make a fresh physical
inspection of the Madarsa after giving proper notice to the
Secretary of the Madarsa, in question, by fixing an appropriate
date within a period of four weeks from today in the prescribed
way and proforma, as mandated by the existing rules/regulation/
resolution/letter and further take appropriate decision, based
upon the inspection report after serving a copy to the Secretary
of Madarsa, in question.
Patna High Court CWJC No.25428 of 2019 dt.05-02-2026
12. The entire exercise must be completed within a
period of eight weeks.
13. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.02.2026
Transmission Date NA
