IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16013 of 2009 1. THE MANAGING COMMITTEE OF MADARSA SABIRIA MADARSA-TUL BANAT AT HATGAON MUSAHRA, P.O. & P.S. TARAHAGACH, DISTT. KISHUNGANJ MADARSA NO. 739 AFF THROUGH ITS SECRETARY MD. KHALILUR RAHMAN S/O LATE GHEENU R/O VILL- KUSAHRA, P.O. & P.S. TERAHAGACH, DISTT. KISHUNGANJ 2. MD. ZAFER ALAM S/O RAYEESUDDIN VILL & P.O. MATIYARI, P.S. TERAHAGACH, DISTT. KISHUNGANJ, HEAD MAULVI, MADARSA SABIRIA MADARSATUL BANAT AT HATGAON MUSAHRA, P.O. & P.S. TERAHAGACH, DISTT. KISHUNGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., BIHAR, PATNA 3. THE SPECIAL DIRECTOR SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER KISHUNGANJ 5. THE CHAIRMAN BIHAR STATE MADARSA EDUCATION BOARD, VIDYAPATI MARG, PATNA 6. NOOR ALAM S/O LATE SAGHIRUDDIN VILL- GORUMARA, P.O. DHANGRA, P.S. DIGHAL BANK, DISTT. KISHUNGANJ 7. SAYEEDUR RAHMAN S/O TAHIR HUSSAIN VILL- MUSAHRA, P.O. & P.S. TERAHAGACH, DISTT. KISHUNGANJ 8. NOORJAHAN BEGUM W/O SHAKIR ALAM VILL- ASHA, P.O. & P.S. TERHAGACH, DISTT. KISHUNGANJ 9. IDRISH ALAM S/O MOHID BUKSH VILL- MUSAHRA, P.O. & P.S. TERHAGACH, DISTT. KISHUNGANJ 10. MAZHAB ALAM S/O LATE HASEEBUR RAHMAN VILL- BAISATOLI, P.O. MTIYARI, P.S. TERHAGACH, DISTT. KISHUNGANJ 11. AKHTAR HUSSAIN S/O UNKNOWN VILL- BALWA, P.O. & P.S. JOKIHAT, DISTT. ARARIA 12. MD. TAHIR HUSSAIN S/O LATE MABOOD BUKSH VILL- MUSAHRA, P.O. & P.S. TERHAGACH, DISTT. KISHUNGANJ, SECRETARY 13. MANAGING COMMITTEE OF MADARSA SABIRIA MADARSATUL BANAT AT MUSAHRA, P.O. & P.S. TERHAGACH, DISTT. KISHUNGANJ THROUGH ITS SECRETARY MD. TAHIR HUSSAIN ----------- 2. 24.12.2009 Learned Counsel is permitted to make necessary correction with regard to certain typographical mistakes in the typed copies of Annexures 6 & 7 and to bring it in line with the original photo copy. Heard learned Counsel for the petitioner, learned Counsel for the State and the learned Counsel for the Bihar State Madarsa Education Board. The controversy in this case relates to the issue as to which is the correct Madarsa namely Madarsa Sabiria Madarsatul Banat at Hatgaon Mushara within the District of Kishanganj or Madarsa Sabiria Madarsatul Banat at Musahra, PS Terhagach, Distrrict Kishanganj. While the petitioner claims that it is the genuine Madarsa the Special Director, Secondary Education by his order dated 11.5.2009 has granted recognition to the other claimant. Learned Counsel for the petitioner sought to persuade this Court from certain annexures to the writ application that the order was erroneous. Learned Counsel for the State and the Board submitted that the matter was one of fact and therefore can more appropriately be considered after a factual enquiry report. The order of the Special Director dated 11.5.2009 is completely non speaking in nature. It does not contain any discussion that the rival claimants were heard. There is no discussion with regard to the nature of the claim made by both sides and why the claim of one of them only was acceptable. This Court is satisfied that that the matter is essentially one of fact. Since this order is being passed in absence of the private respondents representing the rival claimants this Court only directs that the order dated 11.5.2009 shall be kept in abeyance till such time that a fresh reasoned order is not passed by the Special Director after hearing both the rival claimants and consideration of their documents etc. The Special Director is further required to get an on the spot factual enquiry made as also seek appropriate report from the Bihar State Madarsa Education Board and then proceed to pass a reasoned and speaking order after hearing both the rival claimants. Since the order dated 11.5.2009 has been kept in abeyance and shall result in order of status quo liberty is given to both claimant to seek interim relief before the Special Director pending re-determination by him. Any interim direction by the Special Director is further required to be fully reasoned and discussed. Let the Special Director pass final order in the manner discussed above within the maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)