IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3970 of 2025 ======================================================

Iqubal Ahamad @ Iqubal Ahmad ... ... Petitioner/s Versus The State of Bihar & Ors.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sanjay Kumar, Adv.

For the Respondent/s : Mr.Government Pleader (17)

For Madarsa Board : Md. Aslam Ansari, Adv.

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 19-02-2026 Heard learned counsel for the petitioner and learned counsel appearing for respondent State and learned counsel appearing for Bihar State Madarsa Education Board.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:

“(i) To Quash the letter no. 534 dated 6.3.24 passed by the secretary, Bihar state Madarsa Education Board, Patna.

(ii) To restore the letter no. 1654 dated 2.8.2021 passed by the same authority, Secretary, Bihar state Madarsa Education, Board, Patna.

(iii) To pass any other order / orders as your lord ship found deem fit and proper in the present circumstances of the case.”

3. It is considered appropriate to take note of the fact that earlier four petitioners, namely, Md. Israfil, Md. Kafil Ahmad, Md. Arfat, and Md. Nasimun Nazar had approached this Court vide CWJC No.11787 of 2019 for seeking quashing of the order dated 02.05.2019 passed by the Chairman of the Bihar State Madarsa Education Board, Patna by which the promotion of Md. Israfil and appointment of Md. Kafil Ahmad, Md. Arfat, and Md. Nasimun Nazar had been cancelled and direction had been issued for fresh appointment.

4. In the said writ application the petitioner was party respondent no.9 in the capacity of the Head Maulvi of the Madarsa Islamia, Kaitha Tikar, P.S. Barahat, District- Banka. The said writ application was heard and disposed of by order dated 15.03.2021, which has been brought on record at page-11 of the writ application. The operative portion of the order dated 15.03.2021 passed in CWJC No.11787 of 2019 is quoted herein below for needful:

“Considering the submission of the petitioners that the impugned order dated 2.5.2019, as contained in Annexure-11 was passed without compliance of natural justice, the writ petition is allowed and the impugned order dated 2.5.2019, Annexure-11 is quashed.

The matter is remanded back to the Madarsa Board to take fresh decision in accordance with law within a maximum period of four months from the date of receipt/production of a copy of this order after providing opportunity of hearing to the petitioners and other stakeholders.

With the aforesaid, the writ petition stands allowed and disposed of.

5. It is submitted by learned counsel for the petitioner that in terms of the aforesaid liberty granted by the order dated 15.03.2021 passed in CWJC No.11787 of 2019, a fresh order was passed on 02.08.2021 which is contained in letter no.1654 (Annexure-P-2). The matter, therefore, stood concluded by passing of the order dated 02.08.2021. However, strangely after nearly three years the Secretary of the Bihar State Madarsa Education Board reviewed the order dated 02.08.2021 and passed a fresh order dated 06.03.2024, which is contained in letter no.534 (Annexure-P-3). It is this subsequent order contained in letter no.534 dated 06.03.2024, which has been challenged in the present writ application by the petitioner on the ground that this order has been passed illegally and wholly without jurisdiction for the reason that there is no provision under Bihar State Madarsa Education Board Act empowering the Secretary of the Bihar State Madarsa Education Board to review an earlier order.

6. Learned counsel for the petitioner, therefore submits that the impugned order dated 06.03.2024 on account of being wholly without jurisdiction is liable to be set aside.

7. Learned counsel appearing for respondent-State has filed a counter affida