IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18296 of 2009 1. THE MAN.COMM.OF MADARSA HUSSAINIA DARUL ULEEM AT PAROHI PATAUNA, USRAHI, P.S- PATAUNA, DISTT- MADHUBANI THROUGH IT'S SECRETARY SHABBIR AHMAD S/O LATE DEDIUR RAHMAN, R/O VILL AND P.O- PAROHI, P.S-PATAUNA, DISTT- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE MADARSA EDUCATION BOARD, PATNA THROUGH ITS CHAIRMAN, VIDYAPATI MARG, PATNA-1 3. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, VIDYAPATI MARG, PATNA 4. THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, VIDYAPATI MARG, PATNA 5. THE DISTRICT EDUCATION OFFICER, MADHUBANI 6. ASJADUL HAQUE S/O LATE KAJI ZUBAIR AHMAD, R/O VILL &POST- PAROHI, P.S-PATAUNA, DISTT- MADHUBANI ----------- 2. 19.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The contention is that in pursuance of an election a Managing Committee was duly elected of which the petitioner is the Secretary. The Chairman of the Madarsa Board then called for a report from the District Education Officer who confirmed the election of the Managing Committee. Nonetheless no approval for the Managing Committee was coming from the Board when CWJC No. 2512 of 2009 was filed. In pursuance thereof has followed the order dated 26.3.2009 in favour of another Managing Committee which is presently impugned. The petitioner has an alternative remedy against the order of the Chairman before the Special Director, Secondary Education. Let the petitioner raise all his objections more particularly with regard to the authority of the Chairman to pass such orders or whether the Board alone was authorized to pass such orders. The submission that no further enquiries were made by the Chairman after submission of the report by the District Education Officer when an order prejudicial to the petitioner was being passed, are all matters which have to be considered by the Special Director in the appeal. It shall be open for the petitioner to seek appropriate interim directions also before the Special Director in the appeal and which is naturally required to be disposed off expeditiously and cannot be postponed till disposal of the appeal itself. Let such consideration be done by the Special Director and appropriate orders passed after hearing all concerned including respondent no. 6 within a maximum period of two months from the date of receipt and/or production of a copy of this order. The Special Director shall ensure service of notice on respondent no. 6 through the District Education Officer, Madhubani so that the disposal of the appeal is not delayed on pretext of inadequacy of service of notice. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)