[Cites 0, Cited by 0]
Patna High Court
Md. Alauddin Bismil vs The State Of Bihar And Ors on 24 March, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20406 of 2018
======================================================
Md. Alauddin Bismil Son of Md. Manzar Alam Resident of Village and P.O.-
Mehsaul Got, P.S. and District-Sitamarhi, Secretary of Madarsa Rahmania,
Mehsaul, Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The Special Director, Secondary Education, Government of Bihar, Patna.
5. The District Magistrate, Sitamarhi.
6. The District Magistrate, Sitamarhi.
7. The District Programme Officer, Establishment Sitamarhi.
8. The Bihar State Madrasa Educatiuon Board Patna through its Chairman,
Vidyapati Marg, P.S.-Kotwali,
9. The Chairman, Bihar State Madrasa Educatiuon Board Patna, Vidyapati
Marg, P.S.-Kotwali, District-Pa
10. The Secretary, Bihar State Madrasa education Board Vidyapati Marg, P.S.-
Kotwali, District-Patna.
11. Md. Ashraf Ali Son of Ali Ahmed, Resident of Village-Shirakpur, Ward No.-
3, P.O.-koili, P.S.-Nanpur, District-Sitamarhi.
12. Md. Ozair Akhtar Son of Md. Shamsul Haque, Resident of Village-Bhalhi
Bazar, P.O.-Harpur Bhalha, P.S.-Bathnaha, District-Sitamarhi
13. Abdul Wadood Mujahiri Son of Sheikh Ros Mohammad, Resident of
Village-Mehsaul Gate, Ward No.-6, P.O.-Mehsaul, P.S. and District-
Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Adv.
Mr. Anil Kumar, Adv.
Mr. Sanjay Kumar, Adv.
For the State : Mr. Ashutosh Ranjan Pandey, AAG-15
Mr. S.S. Tiwary, A.C. to A.A.G.-15
Mr. Sarvesh Kumar Singh, AAG-13
For the Madarsa Board : Mr. Shahzad Hassan Khan, Adv.
Mr. Md. Aslam Ansari, Adv.
For the Intervenor : Mr. Rajiv Ranjan Kumar Pandey, Adv.
Mr. Kritya Nand Jha, Adv.
Mr. Ranjit Kumar Yadav, Adv.
Mr. Sanjeet Kumar, Adv.
======================================================
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
2/9
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-03-2026
This writ petition has been filed by the petitioner,
Md. Alauddin Bismil seeking the following reliefs:-
"(i) For issuance of an appropriate
writ order or direction commanding the
respondents to hold an inquiry for the forgery
committed in letter No-2712 dated 16-12-2013
issued under the signature of District Education
Officer, Sitamarhi, by the private respondents for
including the name of their Madarsa in the list of
2459 category and have been getting financial
benefits in illegal manner.
(ii) For issuance of an appropriate
writ order or direction commanding the
respondents to take action against the persons
involved in the matter who are getting financial
benefits on the basis of said forged and fabricated
letter/documents.
(iii) For issuance of an appropriate
writ order or direction commanding the
respondents to launch prosecution against the
persons involved in committing forgery for getting
financial benefits from the State Government.
(iv) For any other relief or relief for
which petitioner is entitled in the opinion of this
Hon'ble High Court."
2. A perusal of the 5th Supplementary Counter
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
3/9
Affidavit filed on behalf of Respondent Nos. 1 to 4, dated
18.02.2026
, reveals that a document has been brought on record
as Annexure-R/28, indicating that ten Madarsas, upon due
enquiry, have been recommended for cancellation. It is further
averred in paragraphs 7 to 13 of the said affidavit as follows:-
"7. That in so far as the latest
development in the light of order dated 04.02.2026
passed by this Hon'ble Court is concerned, it is
humbly stated that the Additional Chief Secretary,
Education Department, Govt. of Bihar has sent a
reminder addressed to the Director General of
Police, Bihar, Patna requesting him to provide
latest status pertaining to F.I.R. lodged in
Sitamarhi matter in compliance of the order dated
24.01.2023 and 04.02.2026 passed by the Hon'ble
Court so that it may be brought to the notice of the
dated 09.02.2026.
8. That it is relevant to state at this
juncture that the Education Department, Govt. of
Bihar has already made a recommendation to the
Bihar State Madarsa Education Board (hereinafter
referred to as the Board) to cancel the recognition
of 23 institutions which do not fulfil the requisite
criteria, as the Board is the competent body to take
appropriate decision and accordingly the
Additional Chief Secretary, Education Department,
Govt. of Bihar has sent a letter bearing letter No.
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
398 dated 05-02-2026 addressed to the Chairman
as well as Secretary of the Board to update with the
latest development.
9. That likewise, the Additional Chief
Secretary. Department, Education Govt. of Bihar
has sent a letter bearing no. 399 dated 05-02-2026
asking the Chairman/Secretary of the Board to
provide the detailed information of recognized
unaided Madarsas of 2459+1 category which
fulfill the requisite norms and which do not fulfill
the requisite norms and to provide detailed report
after taking necessary action.
10. That it may be brought to the
notice of this Hon'ble Court that Under Section 02
of the Bihar Rajya Madarsa Shiksha Board
Adhiniyam, 1981 the Board has got exclusive
jurisdiction to grant recognition or withdraw
recognition of the Madarsa which do not fulfill the
requisite norms under the relevant provisions.
11. That in compliance of the order of
this Hon'ble Court dated 04.02.2026 a decision
was taken to convene a meeting in the office
chamber of the Director, Secondary Education on
16.02.2026 and accordingly the Secretary of the
Board was directed to participate in the said
meeting along with updated report as is evident
vide No. 456 letter dated 13.02.2026.
12. That it is pertinent to point out at
this stage that in course of the meeting dated
16.02.2026 held in the office Chamber of the
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
Director Secondary Education, the following facts
emerged:
(i) The three member enquiry
committee constituted at the Departmental level in
course of enquiry found 635 Madarsas fulfill
requisite criteria out of 609 and 205 total
recognized aided Madarsas and a recommendation
was made for cancellation of recognition of 179
Madarsas.
(ii) It was pointed out that the Board
has made scrutiny and made a recommendation
that out of 179 Madarsas which were
recommended for cancellation of recognition 156
Madarsa fulfill the requisite criteria and thus the
three member enquiry committee constituted at the
departmental level reviewed the earlier
recommendation. However, it was apprised that the
matter of 23 Madarsa are under consideration
before the Board.
(iii) So far as the 1646 un-aided
Madarsas out of total 2459+1 Madarsas are
concerned the Secretary of the Board assured that
the updated status would be evident from the
minutes of the meeting dated 16.02.2026.
(iv) However, for better appreciation
the updated status of Madarsas in tabular form is
being appended herewith.
(v) However, the Secretary of the
Board has made available detailed report vide
letter No. 557 dated 16-02-2026 addressed to the
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
Special Director, Secondary Education which
would be placed before the three member enquiry
committee of the Department to examine the same
and to take appropriate decision in the said matter.
13. That from the facts and
circumstances set forth above it is evident that the
answering respondents have been taking all
feasible steps and have been striving hard to do the
needful in compliance of the order of this Hon'ble
Court."
3. Learned counsel appearing on behalf of
Respondent Nos. 8 to 10, i.e., the Bihar State Madarsa
Education Board, Patna, has filed a supplementary counter
affidavit dated 16.03.2026, wherein it is stated as follows:-
"6. That it is relevant to mention here
that the Board has been informed by the Education
Department, Govt. of Bihar vide letter no. 548
dated 22.07.2025 to take action under Rule 12 (2)
of the Govt. Notification No. 397 dated 19.04.2022
to cancel the recognition of 27 Madrasas of 609
category and 98 Madrasas of 205 category i.e. a
total of 125 Madrasas under 2459+1 category.
7. That in order to take action in the
light of departmental guidelines and the list of
affected Madrasas, the matter has been sent to the
department by the Board through its respective
resolutions dated 23.06.2025 and 16.09.2025 for
lifting the ban on grants to the 98 Madrasas and 09
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
Madrasas respectively which have been found to be
in accordance with the provisions contained in
Government Resolution No. 1090 dated 29.11.1980
in the light of the spot enquiry report and verified
report of the concerned District Education Officer.
8. That pursuant to the aforesaid
recommendations of the Board through its
respective resolutions dated 23.06.2025 and
16.09.2025 regarding 98+9=107 Madrasas, the
Education Department vide its respective Memo
No. 2467 dated 03.10.2025 and 2794 dated
17.11.2025 has ensured to start the payment of 86
and 17 madrasas respectively i.e. a total of 103
madrasas out of 125 madrasas have come within
the payment list.
9. That it is stated that recently out of
22 affected madrasas, the office of the Board vide
its Letter No. 726 dated 10.03.2026 recommended
to the department for lifting the ban on payment of
3 (three) madrasas in the light of Board's
resolution dated 13.01.2026, which have been
found to be in accordance with the provisions
contained in Government Resolution No. 1090
dated 29.11.1980 in the light of the spot enquiry
report and verified report of the concerned District
Education Officer."
4. As per the previous order dated 17.03.2026,
learned counsel for Respondent Nos. 8 to 10 has produced the
Bihar State Madarsa Education Board Rules, 2022 (hereinafter
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
referred to as the '2022 Rules').
5. Rule 12 of the '2022 Rules' provides for the
power to grant and withdraw affiliation, and Rule 12(2) of the
'2022 Rules' reads as follows:-
"12(2) The Board shall have the
power to withdraw/cancel/suspend affiliation
/recognition of the Madarsa under section 7 (2) (b)
if in the opinion of the Board, the affiliated
Madarsa has failed to maintain the requisite
standards for grant of affiliation or have in any
manner acted in the detriment or prejudicial to the
interest of the students, Board or the education
system in general. Provided also that before
withdrawing/cancelling affiliation, the Board shall
give to the Madarsa concerned a reasonable
opportunity of being heard, and the students
admitted into such Madarsas shall be allowed to
complete their academic sessions and appear at
the next examination conducted by the Board."
6. In view of the limited prayer made by the
petitioner in the present writ petition, and considering that the
enquiry has already been conducted, it appears from the 5th
Supplementary Counter Affidavit filed on behalf of Respondent
Nos. 1 to 4 that recommendations have been made for
cancellation of recognition of certain Madarsas. Necessary
follow-up action is required to be taken by Respondent Nos. 8 to
Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
10 in accordance with law, particularly in light of Rule 12(2) of
the '2022 Rules'.
7. In the aforesaid circumstances, this Court is of
the view that no useful purpose would be served by keeping the
matter pending any further.
8. Accordingly, the writ petition stands disposed
of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 25.03.2026
Transmission Date
