IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11294 of 2011 The Managing Committee of Madarsa Noorul Hoda At Pokharaira , P.S- Nanpur, Distt.- Sitamarhi through its Secretary Md. Ejaj Ahmad S/O Md. Sadaquat Hussain R/O Vill. & P.O.- Pokhraira, P.S.- Nanpur, Distt.- Sitamarhi Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department Govt. Of Bihar, Patna 3. The Director Education, Human Resources Development Department Govt. Of Bihar, Patna 4. The Special Director, Secondary Education, Govt. Of Bihar, Patna 5. The Bihar State Madarsa Education Board, Patna through its Secretary, Vidyapati Marg, Patna 6. The Chairman, Bihar State Madarsa Education Board Vidyapati Marg, Patna 7. The Secretary, Bihar State Madarsa Education Board Vidyapati Marg, Patna 8. The District Education Officer, Sitamarhi 9. Md. Hifzul Islam Siddique S/O Late Maulvi Md. Yahya R/O Vill & P.O.- Pokhraira, P.S.- Nanpur, Dsitt.- Sitamarhi ----------- For the petitioner: M/S. Raj Nandan Prasad and Brajesh Prasad Gupta. For the Madarsa Board : Mr. Md. Rashid Alam. For the private respondent: Mr. Md. Anisur Rahman. ---- 02. 22.9.2011 It is yet another matter where an interim order of stay passed by the Special Director, Secondary Education, exercising power of appeal under the Bihar State Madarsa Education Board Act is subject matter of challenge. Dispute arising out of a decision rendered by the Madarsa Board has been carried to the Special Director by respondent No.9 and interim order of stay came to be passed on 25.4.2011, contained in Annexure-3, in Appeal No. 10 of 2011. Petitioner has challenged this order to be in teeth of the declaration of law made by a Division Bench of this Court in the case of Md. Shamir Jung Khan vs. The State of Bihar 2 and others, 2010 (1) PLJR 149. Keeping in mind the declaration made by the Division Bench that the Special Director does not have power to hear appeals, there is no option left for the Court but to quash Annexure-3 to be beyond jurisdiction. Stand of the private respondent that the earlier decision of the High Court rendered in the case of Managing Committee, Madarsa I.F. Muslemeen vs. State of Bihar, 1995 (2) PLJR 447, allows the Special Director to hear the appeal does not seem to be in consonance with the law laid down by the Division Bench. The Division Bench did take notice of the decision of the learned single Judge with regard to the power of the State Government to delegate its authority to hear appeal to yet another body or person, however the issue was power of the person who was vested right to hear such appeal which was the subject matter of dispute before the Division Bench. The submission made at the bar by the counsel representing the private respondent does not seem to be correct or in consonance with the actual state of affairs declared by the Division Bench as such. Annexure-3 is quashed. Writ application is allowed. Private respondent has freedom to move the correct forum if there is one. rkp ( Ajay Kumar Tripathi, J.)