##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1261 of 2026

======================================================

1. Mohammad Saif Ali @ Saifali Son of Md. Mansoor Alam, Resident of

Village- Surigaon, P.S.- Baisi District- Purnia. At present Assistant Teacher

in the Post of Alim at Madarsa Jameul Uloom, Sharfia, At- Chander Gaon

Chakla, P.O.- Saidpur, P.S.- Baisi District- Purnia, Madarsa No.- 322.

2. Md. Safdar Raza, Son of Md. Shamsul Alam, Resident of Village

Chandargaon, P.S.- Baisi District- Purnia. At present Assistant Teacher in the

Post of Inter trained at Madarsa Jameul Uloom, Sharfia, At- Chander Gaon

Chakla, P.O.- Sadipur, P.S.- Baisi, District- Purnia, Madarsa No.- 322.

3. Md. Kaunain Ashraf, Son of Abubakar, Resident of Village- Chandargaon,

P.S.- Baisi District- Purnia. At present Assistant Teacher in the post of Matric

Trained at Madarsa Jameul Uloom, Sharfia, At-Chander Gaon Chakla, P.O.-

Sadipur, P.S.- Baisi, District- Purnia, Madarsa No.- 322.

4. Md. Imtyaz Alam, Son of Md. Asfaque, Resident of Village- Chandargaon,

P.S.- Baisi District- Purnia. At present Assistant Teacher in post of Hafiz at

Madarsa Jameul Uloom, Sharfia, At- Chander Gaon Chakla, P.O.- Sadipur,

P.S.- Baisi District- Purnia, Madarsa No.- 322.

... ... Petitioner/s

Versus

1. The State of Bihar through the Special Director, Secondary Education

Department, Government of Bihar, Patna.

2. The Bihar State Madrasa Education Board Patna, through its Secretary.

3. The Chairman, Bihar State Madrasa Education Board, Patna.

4. The Secretary, Bihar State Madrasa Education Board, Patna.

5. The District Education Officer Purnia, District- Purnia.

6. Managing Committee of Madarsa Jameul Uloom, Sharfia, At- Chander

Gaon Chakla, P.O.- Sadipur, P.S.- Baisi District- Purnia, Madarsa No.- 322

through its Secretary Md. Badre Alam.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr.Md. Ziaul Quamar, Adv

For the Respondent/s : Mr.Standing Counsel (21)

For the Madarsa Board Mr. Aslam Ansari, Adv

======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioners, learned

counsel for the Bihar State Madarsa Education Board, Patna

and learned counsel for the respondent-State.

Patna High Court CWJC No.1261 of 2026(2) dt.29-01-2026

2/4

2. With the consent of both the parties, the present

writ application is being disposed of at this stage itself.

3. The petitioners in the present writ application is

prayed for the following reliefs:-

(i) For issuance of a direction upon the

respondent authorities to make payment of the lawful salary

of all the petitioners with effect from 01.05.2022 till date,

for their continuous service rendered on their respective

sanctioned posts. The petitioners were duly appointed by

the lawful Managing Committee of the Madarsa on

13.01.2022 after fulfilling all eligibility criteria and norms

prescribed by the Bihar State Madarsa Education Board.

(ii) For issuance of direction to the Madarsa

Board to grant approval of the appointments of the

petitioners on their respective posts for which the managing

committee submitted application, but no decision has been

taken till date.

(iii) For issuance of a direction to the

respondent authorities not to deny or withhold the salary of

the petitioners on the illegal and unjust ground of non-grant

of approval, particularly when the issue is no longer res

integra. The Hon'ble Patna High Court in C.W.J.C. No.

8557/2010-Md. Abubakar Rizwi & Ors. vs. The State of

Bihar & Ors., decided on 01.10.2012 (reported in 2013 (1)

PLJR 198) has already held that Madarsa teachers cannot

be deprived of salary in such circumstances and had

directed the District Education Officer to ensure payment of

arrears within two months. The case of the petitioners is

squarely covered by the aforesaid judgment and also with

the order dated 18.12.2025 passed in C.W.J.C no.-

20370/2025. Further reliance is