Patna High Court

Md. Habibur RahmanversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISMISSED
Bench: HARISH KUMAR

Holding

The Court held that it will not interfere and the petitioner must approach the Bihar State Madarsa Education Board for relief, resulting in the disposal of the writ petition.

Summary

Md. Habibur Rahman, a Maulvi appointed under Memo No. 190 dated 29.01.2024 by the Bihar State Madarsa Education Board, filed a writ petition seeking a direction that the respondents pay his salary for the period from May 2022 to the present. He alleged that he was performing duties without remuneration, which is impermissible. The State argued that the grievance lies with the Managing Committee of the Madarsa, which is the competent authority, and that the Board should instruct the Committee to settle the matter. The Patna High Court examined the submissions and declined to interfere, directing the petitioner to file a detailed representation before the Board, which can then seek instructions from the Managing Committee. Consequently, the writ petition was disposed without any order for salary payment.

Issues considered

What is the appropriate forum for adjudicating the petitioner’s claim for unpaid salary?
Does the High Court have jurisdiction to direct payment of salary in a matter that is intra‑institutional to the Madarsa’s Managing Committee?

Subjects

salary
unpaid wages
writ jurisdiction
administrative law
education
madarsa
public servant

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2601 of 2025
     ======================================================
     Md. Habibur Rahman, Son of Late Amjad Ali, Resident of Village- Bara
     Rahua, P.O.- Asja Mobaiya, Via- Baisi, P.S.- Baisi, District- Purnea.

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through Principal Secretary, Education Department, Govt.
     of Bihar, Patna.
2.   The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3.   The Bihar State Madarsa Education Board, Patna through its Secretary.
4.   The Secretary, Bihar State Madarsa Education Board, Bihar, Patna.
5.   The Chairman, Bihar State Madarsa Education Board, Patna.
6.   The District Education Officer, Purnea, District- Purnea.
7.   The Secretary, Madarsa Sahedul Islam, Barah Rahua, Madarsa No.- 364,
     Purnea.
8.   The District Programme Officer (Estab.), Purnea.
9.   The Block Education Officer, Baisi, Dist.- Purnea.
10. Management Committee of Madarsa, Shahidul Islam Barr Rahua, Madarsa
    No.- 364, Purnia through its Secretory.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sharda Nand Mishra, Advocate
                                   Mr. Harish Chandra Patel, Advocate
                                   Ms. Isha Mishra, Advocate
     For the Respondent/s   :      Mr. Abbas Haider, SC- 6
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 31-01-2026

                       Heard learned Advocate for the respective parties.

                       2. The petitioner has approached this Court seeking

      a direction upon the concerned respondents to ensure payment

      of salary for the period he has been discharging his duty with

      effect from May, 2022 to date as well as current salary.
Patna High Court CWJC No.2601 of 2025 dt.31-01-2026
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                         3. Learned Advocate for the petitioner referring to

         the order passed by the Bihar State Madarsa Education Board,

         as contained in Memo No. 190 dated 29.01.2024, has submitted

         that in pursuant to the order afore noted, the petitioner has been

         discharging his duty as Maulvi in the concerned Madarsa,

         however, he has not been allowed salary for the period he has

         been discharging his duty. It is further contended that no person

         can be forced to discharge duty without any remuneration.

                         4. On the other hand, learned Advocate for the State

         submits that the grievance of the petitioner is confined only to

         the Managing Committee of the Madarsa, in question, who is

         the competent authority to look into the matter and pass

         appropriate order for salary, since the order has been passed by

         the Bihar State Madarsa Education Board, who shall look into

         the matter that the order, as contained in Memo No. 190 dated

         29.01.2024, be complied with by the Managing Committee.

                         5. Considering the submissions advanced by the

         learned Advocate for the respective parties and taking note of

         the grievance of the petitioner, this Court does not find any

         reason or occasion to interfere in the writ petition. However, if

         the petitioner shall approach before the Bihar State Madarsa

         Education Board by filing a detailed representation, who shall
             Patna High Court CWJC No.2601 of 2025 dt.31-01-2026
                                                        3/3




                      look into the matter after seeking instruction from the concerned

                      Managing Committee of Madaras and pass appropriate decision.

                                      6. The writ petition stands disposed of.




                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.02.2026
Transmission Date       NA

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