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Patna High Court

Md. Alauddin BismilversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of as no further purpose would be served by keeping the matter pending.

Summary

The petitioner, Md. Alauddin Bismil, filed a writ petition seeking an inquiry into alleged forgery of a 2013 letter that purportedly placed certain madrasas in the 2459+1 category to obtain illegal financial benefits, and requested prosecution of those involved. The State of Bihar and the Bihar State Madarsa Education Board submitted affidavits showing that a departmental enquiry had already been conducted, recommendations for cancellation of recognition of several madrasas were made, and steps were being taken under the Bihar Rajya Madarsa Shiksha Board Act, 1981 and the Board Rules, 2022. The Board highlighted its power under Rule 12(2) of the 2022 Rules to withdraw recognition after giving a hearing. The court noted that the limited relief sought was already being addressed by the authorities and that further continuation of the petition would serve no useful purpose. Consequently, the court disposed of the writ petition.

Issues considered

  • The court's jurisdiction to order a fresh inquiry into alleged forgery when a departmental enquiry is already underway
  • Whether the respondents can be compelled to prosecute the alleged forgery under criminal law
  • The scope of the Bihar Rajya Madarsa Shiksha Board Act, 1981 and the Board Rules, 2022 in cancelling madarsa recognition
  • The maintainability of the writ petition given the pending administrative actions

Subjects

  • forgery
  • madarsa recognition
  • affiliation withdrawal
  • public interest litigation
  • education department
  • Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20406 of 2018
     ======================================================
     Md. Alauddin Bismil Son of Md. Manzar Alam Resident of Village and P.O.-
     Mehsaul Got, P.S. and District-Sitamarhi, Secretary of Madarsa Rahmania,
     Mehsaul, Sitamarhi.

                                                              ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Education, Government of Bihar,
     Patna.
3.   The Director, Secondary Education, Government of Bihar, Patna.
4.   The Special Director, Secondary Education, Government of Bihar, Patna.
5.   The District Magistrate, Sitamarhi.
6.   The District Magistrate, Sitamarhi.
7.   The District Programme Officer, Establishment Sitamarhi.
8.   The Bihar State Madrasa Educatiuon Board Patna through its Chairman,
     Vidyapati Marg, P.S.-Kotwali,
9.   The Chairman, Bihar State Madrasa Educatiuon Board Patna, Vidyapati
     Marg, P.S.-Kotwali, District-Pa
10. The Secretary, Bihar State Madrasa education Board Vidyapati Marg, P.S.-
    Kotwali, District-Patna.
11. Md. Ashraf Ali Son of Ali Ahmed, Resident of Village-Shirakpur, Ward No.-
    3, P.O.-koili, P.S.-Nanpur, District-Sitamarhi.
12. Md. Ozair Akhtar Son of Md. Shamsul Haque, Resident of Village-Bhalhi
    Bazar, P.O.-Harpur Bhalha, P.S.-Bathnaha, District-Sitamarhi
13. Abdul Wadood Mujahiri Son of Sheikh Ros Mohammad, Resident of
    Village-Mehsaul Gate, Ward No.-6, P.O.-Mehsaul, P.S. and District-
    Sitamarhi.


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Md. Anis Akhtar, Adv.
                                    Mr. Anil Kumar, Adv.
                                    Mr. Sanjay Kumar, Adv.
     For the State          :       Mr. Ashutosh Ranjan Pandey, AAG-15
                                    Mr. S.S. Tiwary, A.C. to A.A.G.-15
                                    Mr. Sarvesh Kumar Singh, AAG-13
     For the Madarsa Board :        Mr. Shahzad Hassan Khan, Adv.
                                    Mr. Md. Aslam Ansari, Adv.
     For the Intervenor     :       Mr. Rajiv Ranjan Kumar Pandey, Adv.
                                    Mr. Kritya Nand Jha, Adv.
                                    Mr. Ranjit Kumar Yadav, Adv.
                                    Mr. Sanjeet Kumar, Adv.
     ======================================================
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       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)
       Date : 24-03-2026
                     This writ petition has been filed by the petitioner,

         Md. Alauddin Bismil seeking the following reliefs:-

                                          "(i) For issuance of an appropriate
                         writ     order     or     direction   commanding    the
                         respondents to hold an inquiry for the forgery
                         committed in letter No-2712 dated 16-12-2013
                         issued under the signature of District Education
                         Officer, Sitamarhi, by the private respondents for
                         including the name of their Madarsa in the list of
                         2459 category and have been getting financial
                         benefits in illegal manner.
                                          (ii) For issuance of an appropriate
                         writ     order     or     direction   commanding    the
                         respondents to take action against the persons
                         involved in the matter who are getting financial
                         benefits on the basis of said forged and fabricated
                         letter/documents.
                                          (iii) For issuance of an appropriate
                         writ     order     or     direction   commanding    the
                         respondents to launch prosecution against the
                         persons involved in committing forgery for getting
                         financial benefits from the State Government.
                                          (iv) For any other relief or relief for
                         which petitioner is entitled in the opinion of this
                         Hon'ble High Court."
                         2. A perusal of the 5th Supplementary Counter
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         Affidavit filed on behalf of Respondent Nos. 1 to 4, dated

         18.02.2026, reveals that a document has been brought on record

         as Annexure-R/28, indicating that ten Madarsas, upon due

         enquiry, have been recommended for cancellation. It is further

         averred in paragraphs 7 to 13 of the said affidavit as follows:-

                                         "7. That in so far as the latest
                         development in the light of order dated 04.02.2026
                         passed by this Hon'ble Court is concerned, it is
                         humbly stated that the Additional Chief Secretary,
                         Education Department, Govt. of Bihar has sent a
                         reminder addressed to the Director General of
                         Police, Bihar, Patna requesting him to provide
                         latest status pertaining to F.I.R. lodged in
                         Sitamarhi matter in compliance of the order dated
                         24.01.2023 and 04.02.2026 passed by the Hon'ble
                         Court so that it may be brought to the notice of the
                         Hon'ble Court as is evident vide letter No 397
                         dated 09.02.2026.
                                         8. That it is relevant to state at this
                         juncture that the Education Department, Govt. of
                         Bihar has already made a recommendation to the
                         Bihar State Madarsa Education Board (hereinafter
                         referred to as the Board) to cancel the recognition
                         of 23 institutions which do not fulfil the requisite
                         criteria, as the Board is the competent body to take
                         appropriate       decision    and   accordingly    the
                         Additional Chief Secretary, Education Department,
                         Govt. of Bihar has sent a letter bearing letter No.
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                         398 dated 05-02-2026 addressed to the Chairman
                         as well as Secretary of the Board to update with the
                         latest development.
                                         9. That likewise, the Additional Chief
                         Secretary. Department, Education Govt. of Bihar
                         has sent a letter bearing no. 399 dated 05-02-2026
                         asking the Chairman/Secretary of the Board to
                         provide the detailed information of recognized
                         unaided Madarsas of 2459+1 category which
                         fulfill the requisite norms and which do not fulfill
                         the requisite norms and to provide detailed report
                         after taking necessary action.
                                         10. That it may be brought to the
                         notice of this Hon'ble Court that Under Section 02
                         of the Bihar Rajya Madarsa Shiksha Board
                         Adhiniyam, 1981 the Board has got exclusive
                         jurisdiction to grant recognition or withdraw
                         recognition of the Madarsa which do not fulfill the
                         requisite norms under the relevant provisions.
                                          11. That in compliance of the order of
                         this Hon'ble Court dated 04.02.2026 a decision
                         was taken to convene a meeting in the office
                         chamber of the Director, Secondary Education on
                         16.02.2026 and accordingly the Secretary of the
                         Board was directed to participate in the said
                         meeting along with updated report as is evident
                         vide No. 456 letter dated 13.02.2026.
                                         12. That it is pertinent to point out at
                         this stage that in course of the meeting dated
                         16.02.2026 held in the office Chamber of the
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                         Director Secondary Education, the following facts
                         emerged:
                                         (i)     The   three   member     enquiry
                         committee constituted at the Departmental level in
                         course of enquiry found 635 Madarsas fulfill
                         requisite criteria out of 609 and 205 total
                         recognized aided Madarsas and a recommendation
                         was made for cancellation of recognition of 179
                         Madarsas.
                                         (ii) It was pointed out that the Board
                         has made scrutiny and made a recommendation
                         that    out     of      179   Madarsas   which     were
                         recommended for cancellation of recognition 156
                         Madarsa fulfill the requisite criteria and thus the
                         three member enquiry committee constituted at the
                         departmental          level   reviewed   the     earlier
                         recommendation. However, it was apprised that the
                         matter of 23 Madarsa are under consideration
                         before the Board.
                                         (iii) So far as the 1646 un-aided
                         Madarsas out of total 2459+1 Madarsas are
                         concerned the Secretary of the Board assured that
                         the updated status would be evident from the
                         minutes of the meeting dated 16.02.2026.
                                         (iv) However, for better appreciation
                         the updated status of Madarsas in tabular form is
                         being appended herewith.
                                         (v) However, the Secretary of the
                         Board has made available detailed report vide
                         letter No. 557 dated 16-02-2026 addressed to the
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                         Special Director, Secondary Education which
                         would be placed before the three member enquiry
                         committee of the Department to examine the same
                         and to take appropriate decision in the said matter.
                                         13.     That   from   the   facts   and
                         circumstances set forth above it is evident that the
                         answering respondents have been taking all
                         feasible steps and have been striving hard to do the
                         needful in compliance of the order of this Hon'ble
                         Court."
                         3. Learned counsel appearing on behalf of

         Respondent Nos. 8 to 10, i.e., the Bihar State Madarsa

         Education Board, Patna, has filed a supplementary counter

         affidavit dated 16.03.2026, wherein it is stated as follows:-

                                         "6. That it is relevant to mention here
                         that the Board has been informed by the Education
                         Department, Govt. of Bihar vide letter no. 548
                         dated 22.07.2025 to take action under Rule 12 (2)
                         of the Govt. Notification No. 397 dated 19.04.2022
                         to cancel the recognition of 27 Madrasas of 609
                         category and 98 Madrasas of 205 category i.e. a
                         total of 125 Madrasas under 2459+1 category.
                                          7. That in order to take action in the
                         light of departmental guidelines and the list of
                         affected Madrasas, the matter has been sent to the
                         department by the Board through its respective
                         resolutions dated 23.06.2025 and 16.09.2025 for
                         lifting the ban on grants to the 98 Madrasas and 09
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                         Madrasas respectively which have been found to be
                         in accordance with the provisions contained in
                         Government Resolution No. 1090 dated 29.11.1980
                         in the light of the spot enquiry report and verified
                         report of the concerned District Education Officer.
                                         8. That pursuant to the aforesaid
                         recommendations          of   the   Board   through    its
                         respective     resolutions     dated   23.06.2025     and
                         16.09.2025 regarding 98+9=107 Madrasas, the
                         Education Department vide its respective Memo
                         No. 2467 dated 03.10.2025 and 2794 dated
                         17.11.2025 has ensured to start the payment of 86
                         and 17 madrasas respectively i.e. a total of 103
                         madrasas out of 125 madrasas have come within
                         the payment list.
                                         9. That it is stated that recently out of
                         22 affected madrasas, the office of the Board vide
                         its Letter No. 726 dated 10.03.2026 recommended
                         to the department for lifting the ban on payment of
                         3 (three) madrasas in the light of Board's
                         resolution dated 13.01.2026, which have been
                         found to be in accordance with the provisions
                         contained in Government Resolution No. 1090
                         dated 29.11.1980 in the light of the spot enquiry
                         report and verified report of the concerned District
                         Education Officer."
                         4. As per the previous order dated 17.03.2026,

         learned counsel for Respondent Nos. 8 to 10 has produced the

         Bihar State Madarsa Education Board Rules, 2022 (hereinafter
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         referred to as the '2022 Rules').

                         5. Rule 12 of the '2022 Rules' provides for the

         power to grant and withdraw affiliation, and Rule 12(2) of the

         '2022 Rules' reads as follows:-

                                         "12(2) The Board shall have the
                         power      to    withdraw/cancel/suspend   affiliation
                         /recognition of the Madarsa under section 7 (2) (b)
                         if in the opinion of the Board, the affiliated
                         Madarsa has failed to maintain the requisite
                         standards for grant of affiliation or have in any
                         manner acted in the detriment or prejudicial to the
                         interest of the students, Board or the education
                         system in general. Provided also that before
                         withdrawing/cancelling affiliation, the Board shall
                         give to the Madarsa concerned a reasonable
                         opportunity of being heard, and the students
                         admitted into such Madarsas shall be allowed to
                         complete their academic sessions and appear at
                         the next examination conducted by the Board."
                         6. In view of the limited prayer made by the

         petitioner in the present writ petition, and considering that the

         enquiry has already been conducted, it appears from the 5th

         Supplementary Counter Affidavit filed on behalf of Respondent

         Nos. 1 to 4 that recommendations have been made for

         cancellation of recognition of certain Madarsas. Necessary

         follow-up action is required to be taken by Respondent Nos. 8 to
             Patna High Court CWJC No.20406 of 2018 dt.24-03-2026
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                      10 in accordance with law, particularly in light of Rule 12(2) of

                      the '2022 Rules'.

                                      7. In the aforesaid circumstances, this Court is of

                      the view that no useful purpose would be served by keeping the

                      matter pending any further.

                                      8. Accordingly, the writ petition stands disposed

                      of.




                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date          25.03.2026
Transmission Date


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