IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17936 of 2011 Managing Committee of Madarsa Islamia Gora Nabtolia P.S. Kusheshwar Asthan, District- Darbhanga, through its Secretary, Abdul Ghafoor Son of Late Md. Ashraf Ali, Resident of Village- Nabtolia, P.S. Kusheshwar Asthan, District- Darbhanga. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Bihar State Madarsa Education Board, Patna through it’s Secretary. 3. The Chairman, Bihar State Madarsa Education Board, Patna. 4. The District Magistrate, Darbhanga. 5. The District Education Officer, Darbhanga. ---------------------------------- 2. 14.10.2011 Heard Mr. Nematullah assisted by Mr. Md. Anisur Rahman learned counsel for the petitioner, learned counsel for the Bihar State Madarsa Education Board and learned A.C. to G.P. 8 for respondents no. 1, 4 and 5. The petitioner is aggrieved by discrimination meted out to the petitioner Madarsa by the District Education Officer in as much as initially a collusive report with regard to the status and other factual details of Madarsa had been sent which was neither in accordance with law nor correct on facts and without any spot verification. Learned counsel for the petitioner submits that in a similarly situated Madarsa of the same District the respondent District Education Officer, Darbhanga has written to the Secretary of the Bihar State Madarsa Education Board 2 informing him that the initial enquiry report was sent in a hurry and suffered from material irregularities and should be kept in abeyance without taking final decision but in the case of the petitioner though there is similar irregularity but such similar request has not been sent not to act on the enquiry report. Considering the facts and circumstances of the case, this Court directs the District Education Officer, Darbhanga to conduct an enquiry in the presence of the petitioner and after verification of the records produced before him to send the enquiry report to the Bihar State Madarsa Education Board which thereafter shall act upon the same. The earlier enquiry report shall not be taken into consideration. Let the same be done within six weeks from the date of receipt/production of a copy of this order before the District Education Officer, Darbhanga. It is made clear that the District Education Officer, Darbhanga shall be obliged to give advance notice to the petitioner with regard to his enquiry and verification of the records as well as other factual aspects of the Madarsa. With the aforementioned observations and directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)