Patna High Court
Madrasa Mohammadia Chota Telpa ChhapraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the Additional Chief Secretary, Department of Education, must dispose of the pending representation within six weeks, after hearing, and pass a reasoned order within four weeks.
Summary
Madrasa Mohammadia Chota Telpa Chhapra filed a writ petition seeking government grants that were pending despite physical verification by the Bihar State Madarsa Education Board. The petitioner alleged that the delay violated statutory rules and requested the Additional Chief Secretary, Department of Education, to consider the representation dated 09‑12‑2025 and issue the grant. The respondents, including the State of Bihar and the Madarsa Board, raised no objection to the limited prayer. The Court, noting the petitioner's representation remains pending, directed the Additional Chief Secretary to dispose of it within six weeks after giving the petitioner a hearing, and to issue a reasoned final order within four weeks thereafter. The order effectively disposes of the writ application.
Issues considered
- Whether the Additional Chief Secretary, Department of Education, can be directed to dispose of the petitioner's pending representation within a fixed time‑frame.
- Whether the statutory rules obligate the respondents to issue the government grant to the petitioner.
Subjects
- government grant
- madarsa education
- writ jurisdiction
- administrative law
- direction to public authority
- pending representation
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3181 of 2026
======================================================
Madrasa Mohammadia Chota Telpa Chhapra through its Secretary Md.
Naushad, male, aged about 61 years, son of Md. Sanaullah, resident of
village- Chhota Telpa, P.S.- Chhapra Town, District- Saran at Chhapra.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Bihar State Madarsa Education Board, 5, Vidhyapati Marg, Patna.
4. The Chairman Bihar State Madarsa Education Board, 5, Vidhyapati Marg,
Patna.
5. The Secretary, Bihar State Madarsa Education Board, 5, Vidhyapati Marg,
Patna.
6. The District Magistrate -cum- Collector, District - Saran at Chhapra.
7. The District Program Officer, District - Saran at Chhapra.
8. The District Education Officer, District - Saran at Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Danish Raja, Adv.
For the Respondent/s : Mr.Addl. Advocate General (13)
For the Madarsa Board : Mr. Shahzad Hassan Kha, Adv.
Md. Aslam Ansari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner, learned
counsel for respondent State and learned counsel for Bihar State
Madarsa Education Board, Patna.
2. With the consent of the parties the present writ
application is disposed of at this stage.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
Patna High Court CWJC No.3181 of 2026(2) dt.09-04-2026
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“I. For issuance of writ/
writs, direction/direction s, order/
orders commanding and directing the
respondents concerned to consider the
representation of the petitioner which
is pending before the Additional Chief
Secretary, Department of Education,
Patna to issue government grants in
favour of the petitioner to fulfil all the
necessary parameters set by the Bihar
State Madarsa Education Board as
the physical verification of the
petitioner madarsa was earlier done
by the officials of the Bihar State
Madarsa Education Board but till
date the necessary grants has not been
issued in favour of the present
petitioner which itself is a violation of
statutory rules made in this regard.
II. For issuance of writ/
writs, direction/direction s, order/
orders commanding and directing the
respondents concerned to grant issues
necessary Madarsa grant in favour of
the present petitioner as he fulfil all
the necessary parameter made by the
competent authority which is Bihar
State Madarsa Education Board.
III. And for any other relief
or reliefs for the which the petitioner
is found entitled to in the facts and
circumstances of the case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner has already filed a representation dated
09.12.2025 (Annexure-P/6) before the Additional Chief
Secretary, Department of Education, Government of Bihar,
Patna (respondent no.2) and the same continues to be pending.
Patna High Court CWJC No.3181 of 2026(2) dt.09-04-2026
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He, therefore, submits that the petitioner would be satisfied if an
appropriate direction could be issued to the respondent no.2 to
dispose of the pending representation of the petitioner, within a
fixed time frame, after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondents-State and Bihar State Madarsa Education Board,
Patna do not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of directing the Additional Chief Secretary,
Department of Education, Government of Bihar, Patna
(respondent no.2) to dispose of the pending representation of the
petitioner dated 09.12.2025 (Annexure-P/6) within a period of
six weeks from the date of receipt/production of a copy of this
order, after giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by respondent no.2 should be a reasoned and
speaking order and in case the petitioner is found entitled to the
relief, which the petitioner is claiming through the pending
representation dated 09.12.2025, then the same should be
Patna High Court CWJC No.3181 of 2026(2) dt.09-04-2026
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extended to the petitioner within a further period of four weeks
from the date of passing of the final order by the respondent
no.2.
8. With the aforesaid observation and direction the
present writ application stands disposed of. Pending I.As, if any
will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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