IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8425 of 2010 MD.NOTHUNI, S/O LATE BOTAL MIYA, R/O VILL KUSHESHWAR ASTHAN(ROUTA), DISTT-DARBHANGA. ……PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE SPECIAL DIRECTOR,SECONDARY EDUCATION BIHAR, PATNA. 3. THE CHAIRMAN, BIHAR STATE MADRASA EDUCATION BOARD, PATNA. 4. THE SECRETARY, BIHAR STATE MADRASA EDUCATION BOARD, PATNA. 5. THE DISTRICT EDUCATION OFFICER, DARBHANGA. …..RESPONDENTS. ----------- For the petitioner : M/s Nasrul Huda Khan, Advocate. For the State : Mr. Sanjeet Kumar Singh, Advocate. A/C to G.P.-11. For the Board : Md. Rashid Alam, Advocate. ------- 03/ 01.09.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities (respondent nos.1, 2 and 5) as well as learned counsel for the authorities of Bihar State Madarsa Education Board (respondent nos.3 and 4). 2. The petitioner is said to be the Secretary of new Committee of the Madarsa in question, which according to him, was constituted on 11.07.2009 vide Annexure-4 on the basis of the directions of the Board, but his grievance is that the authorities concerned are not giving approval to his committee. 3. From perusal of the entire record, it transpires that the matter arises out of an earlier letter dated 27.04.2009 issued by the Secretary of the Board informing the Headmaster of the Madrasa that the Chairman of the Board had directed to constitute - 2 - another committee. Learned counsel for the Board submits that against the said order an appeal has been filed by the erstwhile Secretary of the old Committee of the Madarsa, which is pending before Director, Secondary Education, Govt. of Bihar, Patna. 4. The issues involved in the said appeal, inter alia, must be as to whether the Chairman had any authority or was empowered to pass such order on behalf of the Board and that whether without removal of the earlier Committee which was also approved by the Board, any order can legally be passed for formation of a fresh committee and that whether any such order can be passed without giving any opportunity of hearing to the earlier committee. 5. When the basis of the claim of the writ petitioner is involved in the said appeal it would not be proper for this court to interfere with the same. Hence this writ petition is disposed of with a liberty to the writ petitioner to appear in the said appeal and place his case and the entire matter will be decided in accordance with law. Sunil (S. N. Hussain, J.)