IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4208 of 2010 1. Hasibur Rahman S/O Late Kalilur Rahman R/O Vill.- Babuan, P.S.- Ghurna, Distt.- Araria At Present Posted As a President. Versus 1. The Bihar State Madarsa Education Board through its Chairman 2. The Chairman, Bihar State Madarsa Education Board, Patna 3. The Secretary, Bihar State Madarsa Education Board, Patna --------- 3. 12.7.2011. Heard Mr. Vinay Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Rashid Alam, learned counsel appearing on behalf of the respondent Madarsa Board. The petitioner claiming to be the President of Madarsa Darul Hoda, Babuan, Araria, questions the appointments of some teachers made by the Madarsa Board on the recommendations of a Committee of which the Secretary of the Managing Committee was also a member. It is the contention of the petitioner that as the Secretary had been removed under the resolution of the Managing Committee, hence, any recommendation by a Committee consisting of such Secretary is not sustainable and any appointment made thereunder, can not be upheld. He submits that this issue was brought to the notice of the respondent Bihar State Madarsa Education Board (hereinafter referred to as ‘the Board’), which 2 by the impugned order dated 23.12.2010 has upheld the appointment without affording any opportunity of hearing to the petitioner. A perusal of the order passed by the Board shows that there are allegations and counter allegations in between the petitioner in his capacity as the President of the Managing Committee and the Secretary of the Committee. Each one claims that the other has been removed the membership of the Committee. The respondent Board having examined the entire matter, came to a conclusion that there was no infirmity in the appointments as the appointees fulfill the requisite criteria and due process has been followed in their respective appointments. In this back ground, the representation of the petitioner was disposed of and the appointments upheld. In view of the rival disputed claims raised by the petitioner as the President of the Committee and the Secretary, this court without expressing any opinion, relegates the petitioner to the alternative remedy provided under the provisions of section 28 of the Bihar State Madarsa Education Board Act, 1981 (hereinafter referred to as ‘the Act’), which provides for 3 filing an appeal against any final decision of the Board. The petitioner, if so advised, may file his appeal under the provisions of the section 28 of the Act within a period of 30 days from today. In case, any such appeal is filed within 30 days from today, the delay in filing the appeal shall be condoned and the appeal shall be heard by the appellate authority and be disposed of in accordance with law after affording opportunity of hearing to petitioner and the other effected parties to the dispute. With the aforesaid observation and directions, the writ petition is disposed of. ahk (Jyoti Saran, J.)