IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7340 of 2009 MANAGING COMMITTEE OF MADARSA ISLAMIA HASHMI Hatgaon, through its Secretary Md. Rafique Alam, Son of late Wasi Ahmad, Resident of Village- Hatgaon, P.S.- P)laci, District- Araria :--- Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Special Director, Secondary Education, Bihar, Patna. 3. The Bihar State Madarsa Education Board, Patna through its Chairman. 4. The Secretary, the Bihar State Madarsa Board, Patna, Bihar :--Respondents. ----------- 02. 02.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the Secretary of the Managing Committee of the Madarsa, Hatgaon, Araria and the constitution of his Managing Committee as also his election as Secretary has been approved by the Bihar State Madarsa Education Board, Patna (hereinafter referred to as the “Board”). Later, the Board asked Dr. Md. Noor Islam, Inspector to enquire into the affairs of the Madarsa and the Inspector has submitted his report dated 27.08.2008, Annexure-5 which is in favour of the petitioner. Ignoring such report the Board has again passed another order which is contained in Letter No. 1097 dated 25.3.2009, Annexure- 6 asking for fresh enquiry. Counsel for the petitioner submits that such direction is wholly illegal. 3. Let the petitioner challenge the contents of Letter No. 1097 dated 25.3.2009, Annexure-6 before the Special Director, Secondary Education, Bihar, Patna as challenge to the appointment of the petitioner as Secretary is already subjudice before him at the instance of the parallel Managing Committee. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)