IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16016 of 2009 Md.Ibrar s/o Md. Irfan, r/o village – Sangrampur, P.S. Amarpur, District – Banka …….. Petitioner Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna 2. Principal Secretary, Human Resources Development Department, Bihar, Patna 3. Special Director, Secondary Education, Bihar, Patna (Incharge Madarsa Education) Vikash Bhawan, Patna 4. Secretary, Bihar State Madarsa Education Board, Bihar, Patna …………. Respondents ----------- For the petitioner: Mr. Alimjung Khan, Advocate For the State : Mr. Lalit Kishore, Sr. Advocate For the Board : Mr. Rashid Alam, Advocate 2 23/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner purporting to be in public interest is that during temporary absence of Chairman of the Bihar State Madarsa Education Board, the Director of Education (incharge of Oriental Education) should be available to exercise the power and perform the duties of Chairman but the Director is not doing so. Learned counsel for the State submits that there is no need of taking any steps by the State 2 government such as issuance of notification in view of clear provision in Section 12 of the Bihar State Madarsa Education Board Act, 1981, which authorizes the Director of Education to exercise the power and perform the duties of Chairman during casual absence of Chairman. In view of clear legal position in Section 12 there is no need for this court to interfere in the matter. It is only clarified that the concerned Director of Education shall keep Section 12 of the aforesaid Act in mind and do his duty in accordance with law. The writ petition is disposed of. Neyaz/ (Shiva Kirti Singh, ACJ.) (S. K. Sharma, J.)