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Patna High Court
Md. Habibur Rahman vs The State Of Bihar on 31 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2601 of 2025
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Md. Habibur Rahman, Son of Late Amjad Ali, Resident of Village- Bara
Rahua, P.O.- Asja Mobaiya, Via- Baisi, P.S.- Baisi, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department, Govt.
of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Bihar State Madarsa Education Board, Patna through its Secretary.
4. The Secretary, Bihar State Madarsa Education Board, Bihar, Patna.
5. The Chairman, Bihar State Madarsa Education Board, Patna.
6. The District Education Officer, Purnea, District- Purnea.
7. The Secretary, Madarsa Sahedul Islam, Barah Rahua, Madarsa No.- 364,
Purnea.
8. The District Programme Officer (Estab.), Purnea.
9. The Block Education Officer, Baisi, Dist.- Purnea.
10. Management Committee of Madarsa, Shahidul Islam Barr Rahua, Madarsa
No.- 364, Purnia through its Secretory.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Harish Chandra Patel, Advocate
Ms. Isha Mishra, Advocate
For the Respondent/s : Mr. Abbas Haider, SC- 6
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 31-01-2026
Heard learned Advocate for the respective parties.
2. The petitioner has approached this Court seeking
a direction upon the concerned respondents to ensure payment
of salary for the period he has been discharging his duty with
effect from May, 2022 to date as well as current salary.
Patna High Court CWJC No.2601 of 2025 dt.31-01-2026
2/3
3. Learned Advocate for the petitioner referring to
the order passed by the Bihar State Madarsa Education Board,
as contained in Memo No. 190 dated 29.01.2024, has submitted
that in pursuant to the order afore noted, the petitioner has been
discharging his duty as Maulvi in the concerned Madarsa,
however, he has not been allowed salary for the period he has
been discharging his duty. It is further contended that no person
can be forced to discharge duty without any remuneration.
4. On the other hand, learned Advocate for the State
submits that the grievance of the petitioner is confined only to
the Managing Committee of the Madarsa, in question, who is
the competent authority to look into the matter and pass
appropriate order for salary, since the order has been passed by
the Bihar State Madarsa Education Board, who shall look into
the matter that the order, as contained in Memo No. 190 dated
29.01.2024
, be complied with by the Managing Committee.
5. Considering the submissions advanced by the
learned Advocate for the respective parties and taking note of
the grievance of the petitioner, this Court does not find any
reason or occasion to interfere in the writ petition. However, if
the petitioner shall approach before the Bihar State Madarsa
Education Board by filing a detailed representation, who shall
Patna High Court CWJC No.2601 of 2025 dt.31-01-2026
look into the matter after seeking instruction from the concerned
Managing Committee of Madaras and pass appropriate decision.
6. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2026
Transmission Date NA
