IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21573 of 2013

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1.

Md. Akhtar Alam S/O Md. Affan Ali Resident Of Village- Vaisa Govindpur,

P.O- Bansgara, P.S- Barari, District- Katihar.

2.

Md. Enamul Haque S/O Md. Usman Resident Of Village- Mohna Chandpur,

P.O- Bansgara, P.S- Barari, District- Katihar.

3.

Md. Ibrahim S/O Md. Didar Hussain Resident Of Village- Mohan Chandpur,

P.O- Bansgari, P.S- Barari, District- Katihar.

... ... Petitioner/s

Versus

1.

Bihar State Madarsa Education Board

2.

The Chairman, Bihar State Madarsa Education Board, Patna.

3.

The Secretary, Bihar State Madarsa Education Board, Patna.

4.

The District Education Officer, Katihar.

5.

The Managing Committee, Madarsa, Azizia Mohna Chandpur, P.O- Basgara,

P.S- Barari, District- Katiha

6.

The Secretary, Managing Committee, Madarsa Azizia Mohna Chandpur

Madarsa No. 634, P.O- Basgara, P.

7.

Md. Mustaque Alam S/O Rahul Amin Resident Of Village- Bahia, P.S-

Barari, District- Katihar For The Post Of Fazil.

8.

Md. Motiur Rahman S/O Late Saibur Rahman Resident Of Village-

Malukan, P.S- Manihari, Katihar For The Post Of Alim.

9.

Md. Jahangir Alam S/O Abu Sayeed Resident Of Village- Jharkaha, P.S-

Barari, District- Katihar For The Post Of Maulvi.

... ... Respondent/s

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Appearance :

For the Petitioners

:

None

For the State

:

Mr.Prabhat Kumar, AC to GA XI

For the Board

:

Mr.Md. Aslam Ansari, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

2

06-02-2023

The petitioners have by way of this writ petition

prayed for quashing the appointment granted to the respondents

7, 8 and 9 on the post of Fazil, Alim and Maulvi alleging that

the appointment has been made in an arbitrary manner by the

Patna High Court CWJC No.21573 of 2013(2) dt.06-02-2023

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Committee.

The counter affidavit has been filed and it is informed

that the petitioners participated in the selection process and

written as well as oral examination was conducted wherein the

petitioners were unable to pass the same and were not selected.

Having noticed the aforesaid, this Court is of settled

opinion that the person can not be allowed to approbate and

reprobate at the same time once he has already participated in

the selection process and remained unsuccessful he can not turn

around and challenge the selection of other candidates.

The writ petition is already misconceived and is

accordingly dismissed.

Shamshad/-

Item No. 43

(Sanjeev Prakash Sharma, J)

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