IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14374 of 2011 1. The Managing Comittee Of Madarsa Hanfia Arabic College Jamaila Giderganj, Madarsa No. 152, Madhubani Thru The Secretary Md. Faiyaz Ahmad S/O Alte Md. Badruddin R/O Vill.- Jamaila (A. Maydna) P.O.- Maidna, P..S- Andhra, Distt.- Madhubani-------------------------------------Petitioner Versus 1. The State Of Bihar through Secretary Human Resources Development Department, Patna, Bihar 2. Special Director (Secondary Education) Human Resources Development Department, Bihar, Patna 3. The Bihar State Madarsa Education Board, Patna 4. The Chairman, Bihar State Madarsa Education Board, Patna 5. The Secretary, Bihar State Madarsa Education Board, Patna 6. Dr. Nurul Islam, Inspector, Bihar State Madarsa Education Bard, Patna 7. Md. Quamaruzzaman, Out Going Secretary Madarsa Hunfia Arbic College, Jmaila Gidarganj, P.S- Andhra, Distt.- Madhubani-----------------------------Respondents ---------------------------------- 2 12.9.2011 Heard learned counsel for the petitioner, learned for the Board and learned counsel for the State as well as the Private respondent no. 7. Annexure-1 is the order which has been passed by the Special Director, Primary Education dated 27.7.2011. Submission of learned counsel for the petitioner is that in light of the law laid down by Division Bench in the case of Md. Shamir Jang Khan vs. State of Bihar & others reported in 2010 (1) PLJR 149 he has no authority to pass such an order or entertain appeal of the kind so long as the declaration of law made in the case of Md. Shamir Jang Khan (Supra) stands. Annexure-1 can not stand in the above circumstances. Annexure-1 is quashed on that ground alone. Submission of private respondent is that the order in question has been passed in the background that the challenge was to an earlier order of Chairman who in his individual capacity had no 2 right to pass such order but it is the board which has to take such a decision. Legality of such an order can be decided in a proper proceeding before an appropriate forum. Merely because the order of the Chairman was illegal, the order passed in appeal cannot become legal. This writ application is allowed. Annexure-1 stands quashed. RPS ( Ajay Kumar Tripathi, J.)