ALL BIHAR MADARSA TEACHERS ASSOCIATION, PATNA THROUGH ITS GENERAL SECRETARY, MD ZAHIDUR RAHMAN AND ORS AND ITS PRESIDENT, MD ZAHIRUL HAQUE AND ANR Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Since common questions of law and fact are involved in both the appeals, as mentioned above, they have been heard together and are being disposed of by this common judgment. Heard Learned Counsel for parties.

(2.) Bihar State Madarsa Education Board Act, 1981 came into force with effect from 17.1.1981. Prior thereto the State Government recognized Madarsas established by private persons as private schools for imparting education to the children of the State. On and from the date of coming into force of the said Act, the Madarsa Education Board constituted thereby took upon itself the onerous duty of ascertaining whether the facilities available at Madarsas set up by private individuals are conductive for imparting education to the children of the State, for the purpose of granting recognition to such Madarsas.

(3.) As a result of such recognition, the recognised Madarsas became entitle to impart education to students enrolled by them for the purpose of appearing at public examinations conducted by Universities/Boards constituted under the appropriate State laws for that purpose. Inasmuch as it was and still is one of the obligations of the State to ensure establishment of healthy educational system, the State through its grant-in-aid provided appropriate grant to the Madrasas so recognised. The grant-in-aid varied from time lo time.