MD.ZABIHULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has passed his Maulvi Examination conducted by the Bihar State Madrasa Education Board, Patna. Pursuant to advertisement issued for appointment of inter alia Urdu Teachers in Gram Panchayat Raj Dhobahi in the district of Sheohar, where there were six vacancies for Urdu Teachers, apart from others Petitioner applied. A merit list was prepared and Petitioner was not selected instead Respondent No. 8 was selected. Petitioner has challenged the very basis on which the merit list has been prepared in so far as Urdu Teachers are concerned. Let it be noted that the Urdu Teachers are those persons who had passed Maulvi Examination.

(2.) The dispute in this case lies in a very narrow compass. Firstly, it is not in dispute that this Maulvi Examination conducted by the Bihar State Madrasa Education Board has been granted equivalence with Intermediate Examination as conducted by the Bihar School Examination Board, which was earlier Bihar Intermediate Council. The dispute is that for Maulvi Examination a person has to sit for 12 papers and the marks sheet is aggregate of 12 papers aggregating to 1200 marks. The controversy is with regard to the 12th paper which is designated as optional subject. Whether the marks of this 12th optional subject have to be included or not is the question? The fact is that the merit list of aspirants of Urdu Teachers was prepared taking only 11 subjects and excluding the 12th optional subject on the strength of a circular of the State Government in the Department of Human Resources Development of the year 2006.

(3.) On behalf of the Petitioner, it is stated that circular, in fact, if taken to be what it said and how it was acted upon, is wrong. The position stands clarified by subsequent circular of the State Government, which is Annexure-3 dated 15.11.2007 to the writ petition. In this circular Government has clarified that Maulvi Examination is equivalent to Intermediate Examination and the optional subject is compulsory and not optional in that sense. This is clarified by the Bihar State Madrasa Education Board by Annexure-7 as well.