Patna High Court

Ezaz Gohar MurtazaversusThe State of Bihar

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

Holding

The Court directed the Chairman of the Bihar State Madarsa Education Board to consider the petitioner's request for appointment on compassionate grounds and to pass an order within ten weeks.

Summary

The petitioner, Ezaz Gohar Murtaza, sought a court direction for appointment in Madarsa Mohiul Uloom Balia Manjhok on compassionate grounds after his father, an inter‑trained teacher, died while in service. He had already filed representations before the Bihar State Madarsa Education Board, which remained pending without a final decision. The High Court noted that the representations were pending but deemed it appropriate to intervene under its writ jurisdiction. It directed the Chairman of the Bihar State Madarsa Education Board to consider the petitioner's request and to pass an appropriate order within ten weeks of receiving the court’s order. Consequently, the writ petition was disposed of with the said direction.

Issues considered

Whether the High Court can direct the Bihar State Madarsa Education Board to appoint the petitioner on compassionate grounds under its writ jurisdiction
Whether pending representations before the Board preclude judicial intervention
Whether the Court may prescribe a specific time‑frame for the Board to decide the matter

Subjects

compassionate appointment
madarsa education
writ jurisdiction
appointment grievance
Bihar State Madarsa Education Board

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3226 of 2025
     ======================================================
     Ezaz Gohar Murtaza, Son of Late Zuber Alam Resident of Village-Balia P.O.
     P.S. and District Kishanganj.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Education, Government of Bihar, Patna.
2.   The Director, Secondary Education, Government of Bihar, Patna.
3.   The Bihar State Madarsa Education Board, Patna through its Chairman.
4.   The Chairman, Bihar State Madarsa Education Board, Patna.
5.   The Secretary, Bihar State Madarsa Education Board, Patna.
6.   The Madarsa Mohiul Uloom Balia Manjhok (Madarsa No. 1247/226), P.O.
     Manora Via Kanki, District-Kishanganj through the Secretary of the
     Managing Committee
7.   The Secretary, Madarsa Mohiul Uloom Balia Manjhok (Madarsa No.
     1247/226), P.O. Manora Via Kanki, District-Kishanganj.
8.   The District Education Officer, Kishanganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Abdul Mannan Khan, Advocate
                                   Mr. Nihal Beg, Advocate
     For the State         :       Mr. Mahtab Alam, AC to SC- 20
     For the Madarsa Board :       Mr. Shahzad Hassan Khan, Advocate
                                   Mr. Aslam Ansari, Advocate
     ======================================================
     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 respondent authorities to appoint the

      petitioner on compassionate ground in Madarsa Mohiul Uloom

      Balia Manjhok (Madarsa No. 1247/226) on account of

      unfortunate demise of the petitioner’s father, who died in

      harness while working as Inter Trained Teacher of the said
             Patna High Court CWJC No.3226 of 2025 dt.31-01-2026
                                                        2/2




                      Madarsa.

                                      3. Learned Advocate for the petitioner submits that

                      for redressal of the grievance, the petitioner has already

                      approached before the Bihar State Madarsa Education Board,

                      Patna, the copies of which are marked as Annexures- P/3 and

                      P/4 series, and the same are pending consideration.

                                      4. Taking note of the aforesaid facts, especially, the

                      representations of the petitioner are lying before the competent

                      authorities, however, no final decision has been taken, this Court

                      deems it fit and proper to dispose of the writ petition with a

                      direction to the Chairman, Bihar State Madarsa Education

                      Board, Patna (respondent no.4) to consider the case of the

                      petitioner for appointment on compassionate ground and pass

                      appropriate order in accordance with law preferably within a

                      period of ten weeks from the date of receipt/production of a

                      copy of this order.

                                      5. The writ petition stands disposed of.



                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.01.2026
Transmission Date       NA

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