MD MUSLIM HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order, contained in Memo No. 406 dated 25th August, 1998, passed by the Special Director, Secondary Education, Government of Bihar in an appeal-petition preferred by Respondent No. 6, Md. Ishaque. By the impugned order, while the Managing Committee, which appointed the petitioner, has been held to be illegally constituted, the appointment of petitioner has been held to be illegal on such ground. The authority also upheld the appointment of Respondent No. 6, Md. Ishaque.

(2.) It appears that six units were sanctioned by the State of Bihar in 1981 for the Madarsa with Junior Section, namely, (i) Fazil-1 post; (ii) Alim-1 post; (iii) Moulvi-1 post; (iv) Hafiz-1 post; (v) I.A. Trained-1 post; and (vi) Matric trained-1 post. On the basis of a certificate of Fazil Nizami, the 6th Respondent was given appointment in 1977 against the post of Alim.

(3.) It appears that before approval of the appointment by the Bihar State Madarsa Education Board, certain infirmities, in the matter of appointment of 6th Respondent came to its notice, which by its letter dated 30th October, 1981 directed the S.D.E.O. concerned to make inquiry. The Managing Committee vide its resolution taken between 6th July, 1985 and 17th December, 1987 decided to send notices to Respondent No. 6 to show-cause on the charge that his certificate was forged. The Committee ultimately decided to terminate the services of Respondent No. 6 inde resolution dated 16th September, 1987, followed by resolution dated 17th December, 1987.