Patna High Court
Md. Aslam KamilversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court dismissed the writ petition, holding that the suspension of the Head Maulvi was invalid due to lack of a proper hearing and that the petitioner lacked standing as the Managing Committee was not functioning.
Summary
The petitioner, Secretary of the Managing Committee of Madarsa Islahul Muslemeen, filed a writ petition seeking to quash the order of the Special Secretary (Education Department) that remanded the matter to the Bihar State Madarsa Education Board and to restrain the suspension of respondent No.9, the Head Maulvi. The petitioner argued that the Board’s approval of the Managing Committee’s resolution also approved the suspension, which was illegal because the Committee had not yet commenced functioning and the respondent was not given a fresh hearing. Respondent No.9 contended that the suspension was unlawful and beyond the Committee’s jurisdiction, while the Madarsa Board maintained that the suspension was justified due to the respondent’s failure to discharge duties. The Court examined the sequence of memos and orders, noting that the Board’s approval of the Managing Committee should have been preceded by a proper hearing to the respondent before suspension could be effected. Finding that the respondent was not afforded a hearing and that the Board later revoked the suspension, the Court held that the petition lacked merit. Consequently, the writ petition was dismissed, and the Court directed the Board to decide on the respondent’s reinstatement and to expedite the constitution of a new Managing Committee.
Issues considered
- What is the jurisdiction of the Managing Committee to suspend the Head Maulvi before its own approval by the Madarsa Board?
- Whether the suspension of respondent No.9 was effected without due process of law, rendering it illegal.
- Whether the order of the Special Secretary remanding the matter to the Madarsa Board can be quashed.
- Whether the petitioner, as Secretary of a non‑functioning Managing Committee, has locus standi to file the writ petition.
Subjects
- writ petition
- suspension
- head maulvi
- managing committee
- madarsa education
- administrative law
- jurisdiction
- due process
- revocation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4695 of 2025
======================================================
Md. Aslam Kamil Son of Md. Moqueemuddin, Resident of Ward No.-15,
Bochagari, P.S.-Bahadurganj, Dist.- Kishanganj at present the Secretary of the
Managing Committee of Madarsa Islahul Muslemeen Bochagari, P.O.-
Nishandra, P.S.-Bahadurganj, District- Kishanganj, Madarsa No.-534.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Education
Department, Government of Bihar, Patna.
2. The Special Secretary, Education Department-cum-Appellate Authority,
Government of Bihar, Patna.
3. The Special Director, Education Department (Secondary Education),
Government of Bihar, Patna.
4. Bihar State Madarsa Education Board, through its Secretary, 5- Vidyapati
Marg, District-Patna- 01.
5. The Secretary, Education Department-cum-Administrator, Bihar State
Madarsa Education Board, 5- Vidyapati Marg, District- Patna- 01.
6. The Secretary, Bihar State Madarsa Education Board, 5- Vidyapati Marg,
District- Patna- 01.
7. The District Education Officer, Kishanganj.
8. The District Programme Officer (Establishment), Kishanganj.
9. Md. Idris Alam @ Md. Idris, S/o Late Bashiruddin, Resident of Village-
Satmeri, P.O.- Nisandra, P.S.-Bahadurganj, District- Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Adv.
For the Respondent/s : Mr. Standing Counsel (26)
Mr. Tripurari Nath Ambastha, AC to SC-26
For the Madarsa Board : Mr. Shahzad Hassan Khan, Adv.
Md. Aslam Ansari, Adv.
For the Resp. No. 9 : Mr. Rashid Alam, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 29-01-2026
Heard the parties.
2. The petitioner, who claims to be the Secretary of
the Managing Committee of Madarsa Islahul Muslemeen
Bochagari, has filed the present writ petition seeking quashing
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of the order as contained in memo no. 212 dated 31.01.2025
passed by the respondent Special Secretary, Education
Department-cum-Appellate Authority, Government of Bihar,
Patna in Appeal No. 98/2022 whereby the respondent no. 2 has
been pleased to remand the matter before the Bihar State
Madarsa Education Board. The petitioner also sought a direction
upon the concerned respondents to restrain the respondent no. 9
to claim as Head Maulvi of the Madarsa in question, besides the
afore-noted relief.
3. While assailing the impugned order, learned
Advocate for the petitioner submitted that the respondent no. 9
on being aggrieved with the order as contained in memo no.
1928 dated 27.08.2021 passed by the Bihar State Madarsa
Education Board has preferred Appeal No. 98 of 2022, however
by the impugned order dated 31.01.2025 passed in the afore-
noted appeal, the Appellate Authority while setting aside the
order contained in memo no. 1925 dated 27.08.2021, has failed
to consider that by the said order, apart from according the
approval to the suspension of the respondent no. 9, the approval
was also extended to the Managing Committee of Madarsa.
Hence once the order contained in memo no. 1925 dated
27.08.2021 stands set aside by the Special Secretary-cum-
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Appellate Authority, the approval accorded to the Governing
Body also stood withdrawn, which is wholly bad and illegal. It
is further contended that so far the respondent no. 9 is
concerned, he was placed under suspension because he failed to
discharge his duty in the prescribed Madarsa, in terms with the
order as contained in memo no. 1958 dated 06.01.2020 passed
in Appeal No. 06 of 2015. Despite repeated notices, the
respondent no. 9 failed to discharge his duty as Head Maulvi
and thus, the Managing Committee of Madarsa left with no
option, but to place the respondent no. 9 under suspension. It is
submitted that there is no illegality in the order of suspension.
Moreover, subsequently, the respondent no. 9 has also been
dismissed by the Managing Committee.
4. The submissions set forth on behalf of the
petitioner has been vehemently refuted by the learned Advocate
for the respondent no. 9. It is submitted that the respondent no. 9
has challenged the order dated 27.08.2021 only to the extent
whereby the Madarsa Board while approving the resolution of
the Managing Committee of the Madarsa, without applying his
mind has also approved the resolution for suspension of the
respondent no. 9, irrespective of the fact the Managing
Committee shall start its functioning only after its due approval.
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Hence the order passed by the so called Managing Committee
putting the respondent no. 9 under suspension is per se illegal and
without jurisdiction. It is further submitted that only because of a
dispute between two Managing Committees of the Madarsa, the
respondent no. 9 has ben victimized. The Appellate Authority after
consideration of the entire facts set aside the order of suspension
of the respondent and later on the Madarsa Board vide office order
contained in letter no. 207 dated 25.04.2025 also withdrawn its
order considering that there is a prolonged suspension and none of
the Managing Committee is in function. Hence, the writ petitioner
is presently not the Secretary of the Managing Committee and
thus cannot pursue the present writ petition.
5. On the other hand, learned Advocate for the
Madarsa Board submitted that after expiry of the tenure of the
Managing Committee, the constitution of fresh Managing
Committee is in process and after constitution of the same, the
claim of the petitioner could be considered by newly constituted
Managing Committee for the purposes of joining in the school,
who is the only competent authority in this behalf. It is further
submitted that since the decision taken by the Managing
Committee to place the respondent no. 9 under suspension was
based upon the joint enquiry report of the District Education
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Officer, who during the course of enquiry found that despite the
repeated direction, the respondent no. 9 failed to discharge his
duty as Head Maulvi and thereby adversely affecting the future
of the children, the order of suspension cannot be termed as bad
and illegal. It is further contended that since respondent no. 9
had not been discharging the duty in the prescribed Madarsa and
therefore, there was no question of extending the salary to him
and there was no illegality in approving the order of suspension
of respondent no. 9.
6. This Court has considered the submissions
advanced by learned Advocate for the respective parties and
took note of the fact that admittedly by the order contained in
memo no. 1925 dated 27.08.2021, while extending approval to
the constitution of the Managing Committee, the Madarsa Board
has also extended approval to the suspension of the respondent
no. 9 in pursuant to the decision taken by Managing Committee;
nonetheless, the Managing Committee shall start its functioning
only after its approval by the Board. This Court finds substance
that once the constitution of the Managing Committee has been
approved, the respondent no. 9 was required to be given a fresh
opportunity of hearing by issuance of a notice before placing
him under suspension, but the same has not been done and the
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resolution taken by the proposed Managing Committee for
putting the respondent no. 9 under suspension was approved by
the order contained in memo no. 1925 dated 27.08.2021. This
Court further finds that now the Madarsa Board has also taken a
conscious decision to revoke the suspension of the respondent
no. 9 taking note of his prolonged suspension, vide letter no.
207 dated 25.04.2025.
7. Considering the entire gamut of the facts, as also
the submissions advanced by learned Advocate for the Madarsa
Board that the process for constitution of the fresh Governing
Body is going on and the same is likely to be done in near
future. This Court does not find any merit in the writ petition.
Accordingly, the present writ petition stands dismissed.
8. It is expected that the Madarsa Board shall take
appropriate decision regarding acceptance of the joining of the
respondent no. 9, in view of the revocation of his suspension,
for which the respondent no. 9 shall approach before the
Madarsa Board alongwith the order of this Court, who shall pass
appropriate order, in accordance with law, in view of the fact
there is no Managing Committee functioning in the Madarsa, in
question. It is expected that the concerned authorities shall also
expedite the matter of constitution of new Managing Committee
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to the earliest.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2026
Transmission Date NA
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