IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8507 of 2010 1. ABDUL NOOR S/O LATE ABDUL AJIZ R/O VILL JHUMKA, P.S.SIKTA, DISTT-WEST CHAMPARAN 2. MOHD. KALIMULLAH S/O SHAFI AHMAD R/O VILL BARDEHI, P.S. SIKTA, DISTT-WEST CHAMPARAN 3. MOHD. HASHMUDDIN S/O AAS MOHAMMAD R/O VILL JHUMKA, P.S.GOPALPUR, DISTT-WEST CHAMPARAN 4. SAGHIR AHMAD S/O SK. MD. JAMADAR R/O VILL MAHWADHWA, P.S.SIKTA, DISTT-WEST CHAMPARAN 5. MAHFOOZUR RAHMAN S/O MD. MOHD. YOUNUS R/O VILL BEHRA, P.S. SIKTA, DISTT-WEST CHAMPARAN 6. NOORUL AAIN S/O MD. UMAL R/O VILL LAL PARSA, P.S.SIKTA, DISTT-WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH D.M. WEST CHAMPARAN 2. THE BIHAR STATE MAARSA EDUCATION BOARD PATNA 3. THE CHAIRMAN , BIHAR MADARSA EDUCATION BOARD PATNA 4. THE SECRETARY, BIHAR MADARSA EDUCATION BOARD PATNA ----------- For the Petitioner : Mr. Wasi Ahmad Khan. For Madarsa Board : Md. Rasid Alam . For the State : Md. Fazal Rahman, G.P.6 and Md. Obaidullah, A.C. to G.P.6 2 28.7.2010 The grievance of the petitioners is that though the petitioners were appointed as Teachers in the Madarsa Darassalam Sikta, West Champaran by the Managing Committee thereof, their names were sent to the Bihar Madarsa Board for approval. The grievance is that the Madarsa Board is not granting approval to the same. Having heard learned counsel for Madarsa Board and the petitioner, in my view, there is no point in keeping the writ petition pending as it can be disposed of at this stage itself. Whether to grant approval or not is the statutory duty of the - 2 - Madarsa Board. An application having been received seeking approval, the Board has to immediately decide the same.While deciding the same if he intends not to grant approval it is required to notice the party concerned and after hearing the parties, refused to grant approval must be duly recorded with reasons and communicate to the party itself but the Madarsa Board can certainly not sit over the application without any positive action in that regard. I, therefore, direct the Chairman, Bihar Madarsa Board to immediately look into the matter and pass order appropriate to the facts and circumstances of the case at the earliest but not later than within one month from the date of production of a copy of this order before him . With the aforesaid observations and direction the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)