IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.118 of 2008 MD.NASIM IDRISI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr.Sachchidanand Choudhary, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 23rd July, 2008. Admittedly the appellant was appointed as a Clerk by the Managing Committee of Madarsa Neyazia Nezamia, Akbarpur. However, the Secretary, Bihar State Madarsa Education Board, Patna, purportedly on recommendation of some of the members of the Managing Committee of Madarsa Neyazia Nezamia, Akbarpur, Rohtas, adjusted the appellant against the post of Maulvi ( teaching post). The order dated 26th of September, 1992 came to be challenged by one Md. Seraj Ahmad Rizvi in appeal before the Special Director (Secondary Education), Bihar, Patna under Section 28. The appellate authority found that there was no decision/resolution of the Managing Committee of Madarsa Neyazai Nezamia, Akbarpur, Rohtas for adjusting the post of clerk which the appellant was holding against the post of Maulvi. Consequently the appellate authority set aside that order dated 26th September, 1992. - 2 - 2. The appellant challenged that order in the writ petition, but the said writ petition has been dismissed. 3. Having considered the order of the appellate authority, we find that all relevant aspects have been taken into consideration by the appellate authority. Dismissal of writ petition, in the circumstances, cannot be said to be unjustified. 4. LPA is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. sunil