IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1371 of 2011 In Civil Writ Jurisdiction Case No. 14253 of 2002 With Interlocutory Application No. 6735 of 2011 In Letters Patent Appeal No.1371 of 2011. ====================================================== 1. Md. Sharafat Hussain, S/o Late S.K. Abdul Karim, R/o Village - Mahila, P.O.- Bishanpur, District- Banka 2. Md. Mursheed @ Md. Murshid Alam, S/o Sk. Md. Ishaque, R/o Village- Bishanpur, P.S.- Dhoraiya, District- Banka 3. Md. Nazeer Alam @ Md. Nazeer Ahmad, S/o Late Sk. Jamiruddin, R/o Village & P.O.- Chaknathu, P.S.- Sanhaula, District- Bhagalpur 4. Md. Idrish @ Md. Idris, S/o Late Md. Zamiruddin, R/o Village & P.O.- Chaknathpur, P.S.- Sanhaula, District-Bhagalpur .... .... Petitioners / Appellants Versus 1. The State of Bihar through the Secretary, Human Resources Department, Government of Bihar, Patna-1 2. The Special Director, Secondary Education, Bihar, Old Secretariat, Patna 3. The Chairman / Secretary, Bihar State Madarsa Education Board, Patna 4. The District Education Officer, Bhagalpur … Respondents / Respondents 5. Bibi Kharun Nisha, W/o Md. Idris, R/o Village- Chakanthee, P.S.- Kahalgaon, District- Bhagalpur 6. Md. Manzoor Alam, S/o Md. Hussain, R/o Sormamia, P.O.-Chaknathee, District- Bhagalpur .... .... Petitioners / Respondents ====================================================== Appearance : For the Appellant/s : Mr. Satish Chandra Mishra and Mr. Md. Nurul Hoda, Advocates. For the Respondent/s : Mr. Shyam Kishore Sharma, GA 3 and Mr. Sanjay Prakash Verma, AC to GA 3. Patna High Court LPA No.1371 of 2011 (3) dt.18-10-2011 2 / 3 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 18-10-2011 Re. Interlocutory Application No. 6735 of 2011. The delay of 203 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1371 of 2011. Feeling aggrieved by the judgment and order dated 23rd November 2010 passed by the learned single Judge in above CWJC No. 14253 of 2002, the writ petitioner nos. 1, 3, 4 & 6 have preferred this Appeal under Clause 10 of the Letters Patent. The appellants, the teachers in Madarsa Jamauloom Chaknathu, District – Bhagalpur, filed the above writ petition under Article 226 of the Constitution for a direction to the State Government to give salary grant and for payment of the salary accordingly. The authority below and the learned single Judge have recorded a concurrent finding that the appellants have been appointed by the aforesaid Madarsa and that the aforesaid Madarsa has not been upgraded to Fauqania standard. In absence of such recognition, the claim for salary grant was not sustainable. Learned Advocate Mr. Satish Chandra Mishra has appeared for the appellants. He has not been able to dislodge the aforesaid finding. In view of the concurrent finding recorded by the learned single Judge and the authority below, no interference is Patna High Court LPA No.1371 of 2011 (3) dt.18-10-2011 3 / 3 3 warranted. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)