IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.764 of 2007 1. Abdul Hai, SON OF LATE MAHMOOD ALAM, RESIDENT OF VILLAGE- FATMA CHAK, POST OFFICE- PARRAHI, POLICE STATION AND DISTRICT- SHEOHAR. 2. MD. ZAFEER ALAM SON OF LATE MD. AZIZUR HEHMAN, RESIDENT F VILLAGE- DUMARI KATSARI, POST OFFICE- DUMARI, POLICE STATION- SHEYAMPUR BHATAHAN, DISTRICT- SHEOHAR :---PETITIONERS. Versus 1. The State Of Bihar THROUGH SPECIAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE BIHAR STATE MADARSA EDUCATION BOARD THROUGH IT CHAIRMAN, PATNA. 3. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, PATNA. 4. THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, PATNA. 5. THE DISTRICT EDUCATION OFFICER, SHEOHAR. 6. MD. USMAN, THE AREA EDUCATION OFFICER, SHEOHAR, DISTRICT- SHEOHAR. 7. MD. SHAMSUL HASAN, SON OF ABDUS SABBAN, RESIDENT OF VILLAGE- FATMA CHAK, POLICE STATION AND DISTRICT- SEOHAR. 8. HAFIZ NASIRUDDIN, S/O- MD. WAJIHUL HAQUE THE THEN MEMBER OF B.S.M.E.B. PATNA, AND ASSTT. TEACHER IN MADARSA SAMANPURA, P.S. SHASTRINAGAR, DISTT. PATNA :-- RESPONDENTS. ----------- For the petitioner : M/S. M.S.Hoda & S.N.Yadav, Advocates. For the Madarsa Board : Md. Rashid Alam, Advocate. For the State : A.C. to A.A.G. 13 Juhi Kumari. ==== 03. 21.07.2011. During the pendency of the writ petition Petitioner No. 1 left for his heavenly abode. In the circumstances, his name be expunged from the writ petition. 2. Heard learned counsel for Petitioner No. 2, State and the counsel for the Bihar State Madarsa Education Board, Patna. 3. Petitioner No. 2 is the President of the 2 Managing Committee of the Madarsa Islamia Arabia, Dumari, Sheohar (Madarsa No. 52) which was constituted by the Bihar State Madarsa Education Board under Memo No. 246-51/Patna dated 29.01.2006, Annexure-6. This writ petition has been filed challenging the order of the Deputy Director, Secondary Education, Human Resource Department dated 18.03.2006 passed in Appeal No. 03/2006, Annexure-7, whereunder the notification of the Managing Committee constituted by the Bihar State Madarsa Education Board under memo No. 246-51/Patna dated 29.01.2006 has been set aside. It is submitted by the counsel for the petitioners that the aforesaid order dated 18.03.2006, Annexure-7 has been passed without hearing the President, Secretary or any of the members of the Managing Committee constituted under Memo dated 29.01.2006, Annexure-6 and on this ground alone the order dated 18.03.2006, Annexure-7 is fit to be set aside. 4. Aforesaid order dated 18.03.2006 has been passed at the instance of Md. Shamsul Hasan who has been impleaded in this writ petition as Respondent No. 7 but issue of notice 3 to Respondent No. 7 is likely to take some time and the matter having remained pending for more than four years it is deemed expedient to direct the petitioner to approach the appellate authority who shall issue notice to Md. Shamsul Hasan, appellant in Appeal No. 03/2006 and pass fresh order in accordance with law. Until fresh order is passed by the appellate authority the Managing Committee constituted in the light of the order dated 18.03.2006 shall continue to function. The appellate authority shall pass order in compliance of the order of the High Court as early as possible, in any case within a period of three months from the date of issue of notice by him to Md. Shamsul Hasan, Respondent No. 7. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)