IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17234 of 2009 1. MD.QAMRUZZAMA S/O LATE NAZIR ALAM R/O VILL JHARMAHURI , PS.CHAUTARWA, DISTT-WEST CHAMPARAN, BETTIAH Versus 1. THE STATE OF BIHAR , THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT BIHAR, PATNA, VIKAS BHAWAN, PATNA 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT PATNA , VIKAS BHAWAN , PATNA 3. SPECIAL DIRECTOR , SECONDARY EDUCATION BIHAR, VIKAS BHAWAN , PATNA 4. BIHAR STATE MADARSA EDUCATION BOARD THROUGH ITS SECRETARY OFFICE AT 5, VIDYAPATI MARG, PATNA-1 5. THE CHAIRMAN , BIHAR STATE MADARSA EDUCATION BOARD, BIHAR, PATNA, 5-VIDYAPATI MARG, PATNA-1 6. FAKHRUL HASAN S/O HAFIZUR RAHMAN R/O VILL JHARMAHUA, PS.CHAUTARWA, DISTT-WEST CHAMPARAN SECRETARY OF DISPUTED MANAGING COMMITTEE OF THE MADARSA 7. AKBAR LAI S/O LATE ISH MOHAMMAD R/OVILL JHARMAHUA, P.S.CHAUTARWA, DISTT-WEST CHAMPARAN, PRESIDENT OF DISPUTED MANAGING COMMITTEE 8. IMADADULLAH S/O MOZAHIRUL HASAN R/O RIBARI MAHAUWA, P.S. JHARMAHUA, DISTT-WEST CHAMPARAN, PEON BY ILLEGAL MANAGING COMMITTEE 9. SAHBBIR AHMAD S/O NOOR MOHAMMAD R/O VILL RAMPURWA,P.S.JHARMAHUA, DISTT-WEST CHAMPARAN, TEACHER APPOINTED IN THE MADARSA 10. SADRE ALAM S/O HAFIZ GHUYASUDDIN R/O VILL JANARWA, P.S. SAMRA, DISTT-WEST CHAMPARAN 11. ASHTAQUR RAHMAN S/O ABDUL GHAFFAR R/OVILL NARKATIA, PS.GHAURIPUR BAZAR, DISTT- WEST CHAMPARAN, TEACHER IN THE MADARSA 12. HAMID RAZA S/O MD. YUNUS R/O VILL RABIARI, MAHUWA, P.S.CHAUTARWA, DISTT-WEST CHAMPARAN, TTEACHER IN MADARSA 13. DISTRICT EDUCATION OFFICER WEST CHAMPARAN, MOTIHARI 14. DISTRICT COLLECTOR WEST CHAMPARAN, MOTIHARI ----------- 2. 4.1.2011 Heard learned counsel for the petitioner, for the State, for the Bihar State Madarsa Education Board and for the private respondent nos. 8 to 12 who have 2 appeared suo motu. The relief originally sought was for annulling the approval dated 30.6.2009 and 11.8.2009 to the selection made by the rival Managing Committee and to restrain respondent nos. 6 and 7 from working as Secretary and President of the Managing Committee of the Madarsa till final orders were passed by the Board in the light of the orders of this Court in C.W.J.C. No. 11979 of 2009 and C.W.J.C. No. 12206 of 2009. Counsel for the petitioner, the Board and for private respondent nos. 8 to 12 are not at issue that the controversy relates to a claim for being the genuine Managing Committee of the Madarsa Imdadul Uloom Raibari Mahuawa Ojhar Mahui, District West Champaran and appointments made by one of the rival factions claiming to be the genuine Managing Committee represented by the private respondent nos. 8 to 12. The aforesaid two writ applications have been preferred by the two rival claimants to the Managing Committee. This Court had in separate orders directed the Board to take a final decision on the identity of which Managing Committee was genuine. Counsel for the petitioner submits that by an order dated 30.4.2010, the Managing Committee represented by the 3 petitioner has been provisionally approved. Counsel for the respondent nos. 8 to 12 submits that a compromise has been arrived at between the two Managing Committee with regard to the appointment of respondent nos. 6 and 7. Counsel for the petitioner submits that he has no instructions on this aspect. Both the petitioner and the private respondent nos. 8 to 12 have chosen not to place the subsequent developments on record by way of an affidavit asserting their respective claims. If the petitioner has been provisionally declared to be the genuine Managing Committee, it is for the genuine Managing Committee to now take a decision with regard to any earlier action which may have been taken by the alternate Managing Committee. The question to what extent a Managing Committee approved provisionally can take actions with regard to the deeds of the rival claimant Managing Committee is left open since a final decision on the legality of the Managing Committee represented by the petitioner is still to be taken. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)