IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7755 of 2010 ======================================= Md. Zeyaul Haque, aged about 48 years, s/o Md. Nezamuddin, r/o village – Pirmali, P.S. – Piro, District – Bhojpur …….. Petitioner Versus 1. The State Of Bihar through Principal Secretary of Human Resources Development Department, Bihar, Patna Vikash Bhawan, Patna 2. The Bihar State Madrasa Education Board, through Secretary, Bihar State Madrasa Education Board, Patna 3. Chairman, Bihar State Madrasa Education Board, Patna ……… Respondents ================================ Appearance MR. Alim Jung Khan for the Petitioner MR Lalit Kishore, ADDITIONAL ADVOCATE GENERAL – III for the Respondent no.1 Mr. Md. Rashid Alam for the Respondent nos. 2 & 3 ================================= CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE S.K. KATRIAR Date: 6/7/2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Heard learned Advocate Mr. Alim Jung Khan appearing for the petitioner, learned Additional Advocate General Mr. Lalit Kishore appearing for the State and learned 2 Advocate Mr. Rashid Alam appearing for the Madrasa Board. This petition under Article 226 has been filed for a public cause by one Md. Zeyaul Haque. It is the claim of the petitioner that the education imparted in Madrasas to award certificates of Wastania, Fauquania and Moulvi is equivalent to formal elementary education. Such education is required to be imparted free of charge. However, in utter disregard to the obligation to impart free elementary education, Madrasas in the State of Bihar run under the control of the Bihar State Madrasa Education Board, are charging examination fees as indicated in the notice ( page – 38 of the writ petition). Learned Advocate Mr. Alim Jung Khan has appeared for the petitioner. He has relied upon the provisons of the Right of Children to Free & Compulsory Education Act 2009 (hereinafter referred to as „the Act 2009‟), particularly section 12 thereof. To support his submission, he has submitted that the children studying in Madrasas should not be compelled to take examination for which they are required to pay fees. We are at loss. First – it is not established before us that the Madrasas are “School” within the meaning of 3 section 2(n) of the Act of 2009; nor it is established that the education imparted by the Madrasas is “elementary education” within the meaning of section 2 (f) of the Act of 2009. Second - no child can be prevented from taking examination and from going ahead with further education merely because he has to pay examination fees. The prayers made in the petition are contrary to the social cause, if any. In our opinion, this petition is totally misconceived. Petition is dismissed in limine. Neyaz/ ( R. M. Doshit, CJ.) ( S. K. Katriar, J.)