IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2775 of 2010 MAZHARUL HAQUE AGED ABOUT 45 YEARS S/O LATE ALI RAZA, R/O VILLAGE SAWANAHI JAGDISH, P.S. GOPALPUR, DISTRICT – GOPALGANJ ..PETITIONER Versus 1. THE BIHAR STATE MADARASA EDUCATION BOARD TTHROUGH ITS SECRETARY, BIHAR PATNA OFFICE AT 5-VIDYAPATI MARGE, PATNA 2. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, PATNA OFFICE AT 5- VIDYAPATI MARGE, PATNA 3. SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, PATNA OFFICE AT 5- VIDYAPATI MARGE, PATNA …. RESPONDENTS ----------- For the petitioner: Mr. Alim Jang Khan, Advocate For the Board: Md. Rashid Alam, Advocate --- 2 17/2/2010 In this public interest litigation the basic challenge is to the decision taken by the Chairman of the Bihar State Madarsa Education Board (for short, ‘the Board’), which has affected many students. It is urged by Mr. Khan, learned counsel for the petitioner, that the decision taken by the Chairman of the Board is without jurisdiction and the same has entailed in great jeopardy to the students. Having heard learned counsel for the petitioner, we are of the considered opinion that if an order has been passed by the Chairman of the Board 2 without any authority, any student, who is aggrieved by the same, can challenge the same before appropriate forum, as advised in law, but the same cannot be entered into by taking recourse to public interest litigation. With the aforesaid observation, the writ petition stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)