Patna High Court
Mohammad Saif Ali @ SaifaliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the District Education Officer must dispose of the pending representation within three months and, if the petitioners are entitled to relief, grant it within a further three months.
Summary
Four assistant teachers of Madarsa Jameul Uloom, Purnia, filed a writ petition seeking payment of their lawful salaries from May 2022 and approval of their appointments, alleging that the State of Bihar and the Bihar State Madrasa Education Board were withholding salary on the ground of pending approval. The petitioners relied on earlier judgments that madrasa teachers cannot be denied salary due to lack of formal approval. The respondents raised no objection to the limited relief sought. The Court, with the parties’ consent, disposed of the writ by directing the District Education Officer, Purnea, to decide the pending representation filed on 31 December 2025 within three months and, if the petitioners are found entitled, to grant the relief within a further three months. No substantive order on salary was made; the matter was left to the administrative authority with a time‑frame.
Issues considered
- Whether madrasa teachers are entitled to salary despite the absence of formal approval of their appointments.
- Whether the court can direct the District Education Officer to dispose of a pending representation within a specified period.
- Whether the ground of non‑grant of approval is illegal and unjust for withholding salary.
Subjects
- salary
- madrasa teachers
- appointment approval
- writ jurisdiction
- administrative law
- pending representation
- district education officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1261 of 2026
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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
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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 placed on Anjuman Ahle
Hadees (1985) PLJR 837, wherein it has been categorically
held that no separate approval is required, which finding
has been subsequently affirmed by the Hon'ble Supreme
Court in 1994 Supp (2) SCC 509.
(iv) For grant of any other relief(s) to which the
petitioners may be found entitled in the facts and
circumstances of the case.
4. Learned counsel for the petitioners submits that for
Patna High Court CWJC No.1261 of 2026(2) dt.29-01-2026
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the aforesaid relief claimed in the present writ application, the
petitioners have already filed a representation dated 31.12.2025
( Annexure P-6) before the District Education, Purnea which is
pending till date. She therefore, submits that an appropriate
direction be issued to the District Education officer, Purnea to
dispose of the pending representation of the petitioners within a
fixed time framed after giving an opportunity of hearing to the
petitioners.
5. To the aforesaid submission made by the learned
counsel for the petitioners, learned counsel appearing for the
respondent- State and learned counsel appearing for Madarsa
Board do not have any objection.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioners, the writ
application is disposed of directing the District Education
Officer, purnea to disposed of the pending representation of the
petitioners dated 31.12.2025 (Annexure P-6) within three
months from the date of receipt of a copy of this order, after
giving an opportunity of hearing to the petitioners.
5. Needless to emphasis that the final order shall be
passed by the District Education Officer, purnea should be
reasoned and speaking order. It is also made clear that if the
Patna High Court CWJC No.1261 of 2026(2) dt.29-01-2026
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petitioners are found entitled to the relief, which the petitioners
have claimed through the pending representation, the said relief
should be given to the petitioners within further period of three
months from the date of passing of the final order.
6. With the aforesaid observation, direction and the
liberty granted, the present writ application stands disposed of.
The Pending I.A, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J)
N.K/-
U
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