IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14968 of 2009 1. MD.MAHBOOB ALAM S/O LATE MD. SALIMUDDIN R/O VILL.- HATGAON, P.O.- TARBI, P.S.- PALASI, DISTT.- ARARIA, CHAIRMAN (ELECT) OF THE MANAGING COMMITTEE OF MADRASA ISLAMIA HASHMI HATGAON (MADRASA NO. 387) SITUATED IN THE VILLAGE HATGAON, P.S.- PALASI, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. (SECONDARY EDUCATION), GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. THE SPECIAL DIRECTOR, SECONDARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, ARARIA 4. THE DISTRICT EDUCATION OFFICER, ARARIA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 6. THE AREA EDUCATION OFFICER, PALASI DISTT.- ARARIA 7. THE BIHAR STATE MADRASA EDUCATION BOARD, PATNA THROUGH ITS CHAIRMAN 8. THE CHAIRMAN, BIHAR STATE MADRASA EDUCATION BOARD, PATNA 9. THE SECRETARY, BIHAR STATE MADRASA EDUCATION BOARD, PATNA 10. DR. MD. NOOR ISLAM, INSPECTOR BIHAR STATE MADRASA EDUCATION BOARD, PATNA 11. THE HEAD MOULVI, MADRASA ISLAMIA HASHMI HATGAON (MADRASA NO. 387) P.O.- TARBI, P.S.- PALASI, DISTT.- ARARIA 12. MD. RAFIQUE ALAM S/O LATE WASI AHMAD R/O VILL.- HATGAON, P.O.- TARBI, P.S.- PALASI, DISTT.- ARARIA 13. MD. HASIBUR RAHMAN S/O LATE ZAINUDDIN R/O VILL.- SATGHARA, P.O.- TARBI, P.S.- PALASI, DISTT.- ARARIA 14. MD. SAJID S/O LATE FAIYAZ ALAM R/O VILL.- HATGAON, P.O.- TARBI, P.S.- PALASI, DISTT.- ARARIA 15. MD. TAHA S/O LATE HANIF R/O VILL.- HATGAON, P.O.- TARBI, P.S.- PALASI, DISTT.-ARARIA ----------- 2. 25.11.2009 Heard learned counsel for the petitioner and for Respondent no. 12, who has appeared suo motu as also counsel for the State and Bihar State Madarsa Board. The controversy relates to a claim of being the legitimate Managing Committee between the petitioner and Respondent no. 12. Respondent no. 12 came to this court in CWJC No. 7340 of 2009 challenging an order of the Board dated 25.3.2009 for fresh enquiry in context of an earlier report dated 27.8.2008 already available. This Court declined to interfere but observed that Respondent no. 12 may assail the issue before the Special Director, Secondary Education and before whom a challenge to the appointment of Respondent no. 12 as Secretary is already sub judice at the instance of the parallel Managing 2 Committee. The parallel Managing Committee is an obvious reference to the petitioner. That makes the entire issue of legitimacy of the Managing Committee sub judice before the Special Director, Secondary Education, whether it be the petitioner’s Managing committee or the Managing Committee of Respondent no. 12. The original challenge in this writ application was to the order of the Madarsa Board interpreting the order of this Court in CWJC No. 7340 of 2009 restraining further enquiry as contained in Board’s letter dated 5.10.2009. By a subsequent correction dated 23.10.2009 the mistake has been acknowledged and that part of the direction restraining further enquiry by the Board has been deleted. Let the matter now proceed in accordance with the direction of this Court in CWJC No. 7340 of 2009 to be decided expeditiously after hearing all concerned preferably within a period of two months from the date of receipt and/or production of a copy of this order before the Special Director, Secondary Education. It shall also be open for the petitioner and Respondent no. 12 to make any application for interim directions before the Special Director, Secondary Education, who shall be obliged to dispose off such interim application within a maximum period of ten days from the date of presentation before him after hearing all concerned. The present was a wholly unwanted litigation brought before this Court. Had the officials of the Board been a 3 little more cautious and circumspect in exercise of statutory powers, perhaps, the present litigation could have been saved. The writ application stands disposed. AKS/ (Navin Sinha, J.)