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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4695 of 2025

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Md. Aslam Kamil Son of Md. Moqueemuddin, Resident of Ward No.-15,

Bochagari, P.S.-Bahadurganj, Dist.- Kishanganj at present the Secretary of the

Managing Committee of Madarsa Islahul Muslemeen Bochagari, P.O.-

Nishandra, P.S.-Bahadurganj, District- Kishanganj, Madarsa No.-534.

... ... Petitioner/s

Versus

1. The State of Bihar through the Additional Chief Secretary Education

Department, Government of Bihar, Patna.

2. The Special Secretary, Education Department-cum-Appellate Authority,

Government of Bihar, Patna.

3. The Special Director, Education Department (Secondary Education),

Government of Bihar, Patna.

4. Bihar State Madarsa Education Board, through its Secretary, 5- Vidyapati

Marg, District-Patna- 01.

5. The Secretary, Education Department-cum-Administrator, Bihar State

Madarsa Education Board, 5- Vidyapati Marg, District- Patna- 01.

6. The Secretary, Bihar State Madarsa Education Board, 5- Vidyapati Marg,

District- Patna- 01.

7. The District Education Officer, Kishanganj.

8. The District Programme Officer (Establishment), Kishanganj.

9. Md. Idris Alam @ Md. Idris, S/o Late Bashiruddin, Resident of Village-

Satmeri, P.O.- Nisandra, P.S.-Bahadurganj, District- Kishanganj.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Sushil Kumar Jha, Adv.

For the Respondent/s : Mr. Standing Counsel (26)

Mr. Tripurari Nath Ambastha, AC to SC-26

For the Madarsa Board : Mr. Shahzad Hassan Khan, Adv.

Md. Aslam Ansari, Adv.

For the Resp. No. 9 : Mr. Rashid Alam, Adv.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 29-01-2026

Heard the parties.

2. The petitioner, who claims to be the Secretary of

the Managing Committee of Madarsa Islahul Muslemeen

Bochagari, has filed the present writ petition seeking quashing

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of the order as contained in memo no. 212 dated 31.01.2025

passed by the respondent Special Secretary, Education

Department-cum-Appellate Authority, Government of Bihar,

Patna in Appeal No. 98/2022 whereby the respondent no. 2 has

been pleased to remand the matter before the Bihar State

Madarsa Education Board. The petitioner also sought a direction

upon the concerned respondents to restrain the respondent no. 9

to claim as Head Maulvi of the Madarsa in question, besides the

afore-noted relief.

3. While assailing the impugned order, learned

Advocate for the petitioner submitted that the respondent no. 9

on being aggrieved with the order as contained in memo no.

1928 dated 27.08.2021 passed by the Bihar State Madarsa

Education Board has preferred Appeal No. 98 of 2022, however

by the impugned order dated 31.01.2025 passed in the afore-

noted appeal, the Appellate Authority while setting aside the

order contained in memo no. 1925 dated 27.08.2021, has failed

to consider that by the said order, apart from according the

approval to the suspension of the respondent no. 9, the approval

was also extended to the Managing Committee of Madarsa.

Hence once the order contained in memo no. 1925 dated

27.08.2021 stands set aside by the Special Secretary-cum-

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Appellate Authority, the approval accorded to the Governing

Body also stood withdrawn, which is wholly bad and illegal. It

is further contended that so far the respondent no. 9 is

concerned, he was placed under suspension because he failed to

discharge his duty in the prescribed Madarsa, in terms with the

order as contained in memo no. 1958 dated 06.01.2020 passed

in Appeal No. 06 of 2015. Despite repeated notices, the

respondent no. 9 failed to discharge his duty as Head Maulvi

and thus, the Managing Committee of Madarsa left with no

option, but to place the respondent no. 9 under suspension. It is

submitted that there is no illegality in the order of sus