IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11960 of 2009 1. THE MANAGOMG COMMITTEE OF MADARSA QASIMUL ULOOM AT VILLAGE BELDIHA, P.O. SELHAN, VIA EKCHARI, POLICE STATION SANOKHAR(SANHAULA) DISTRICT BHAGALPUR(MADARSA NO.89) THROUGH ITS SECRETARY. 2. MD. SHAMSUZZOHA SON OF LATE MD. SHAMSUDDIN RESIDENT OF VILLAGE BELDIHA, P.O. SELHAN, VIA EKCHARI, POLICE STATION SANOKHAR(SANHAULA) DISTRICT BHAGALPUR THE SECRETARY, MADARSA QASIMUL ULOOM, BELDIHA----PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE BIHAR STATE MADARSA EDUCATION BOARD, PATNA THROUGH ITS CHAIRMAN. 3. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, PATNA 4. THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, PATNA. 5. JANAB MD. ABDUR RASHEED SON OF LATE SALAMAT, RESIDENT OF VILLAGE BAKHADDA, P.O. AND P.S. SANHAULA, DISTRICT BHAGALPUR. 6. MD. TAIYAB ALAM SON OF ALTE BASHIRUDDIN MANSOORI RESIDENT OF VILLAGE BELDIHA, POST SILHAN, P.S. SANOKHAR(SANHAULA), DISTRICT BHAGALPUR. 7. MD. NAYEEM SON OF TAMEEZUDDIN, RESIDENT OF VILLAGE AMDHIYA, P.O. GAJHANDA, P.S. BALBADDA, DISTRICT GODDA. 8. MD. NEZAM SON OF MD. KAUSAR, RESIDENT OF VILLAGE BELDIHA, POST SILHAN, DISTRICT BHAGALPUR. 9. MD. LUQUEMAN SON OF HAJI ZAHOOR, RESIDENT OF VILLAGE AMDHIYA, POST GAJHANDA, P.S. BALBADDA, DISTRICT GODDA. 10. MD. JAMAL SON OF MD. GAUHAR ALI, RESIDENT OF VILLAGE BELDIHA, POST SILHAN, P.S. SANOKHAR(SANHAULA) DISTRICT BHAGALPUR. 11. HEAD MAULVI, MADARSA QASIMUL ULOOM, BELDIHA, POST SILHAN, P.S. SANOKHAR(SANHAULA). 12. HAFIZUR RAHMAN SON OF MD. JALAUDDIN, RESIDENT OF VILLAGE AND P.O. MADHURA, P.S. BALBADDA, DISTRICT GODDA, JHARKHAND( TEACHERS REPRESENTATIVE, MADARSA QASIMUL ULOOM BELDIHA, POST SILHAN, P.S. SANOKHAR(SANHAULA) DISTRICT BHAGALPUR. 13. DR. SHADAB RAZI, H.O.D. URDU, TILKA MANJHI UNIVERSITY, BHAGALPUR. 14. ANWARUL HAQUE SON OF LATE SHARAFAT HUSSAIN, RESIDENT OF VILLAGE BELDIHA, POST SILHAN, P.S. SANOKHAR(SANHAULA) DISTRICT BHAGALPUR. 15. MD. ALAUDDIN MANSOOR, SON OF LATE MD. FAKHRUDDIN, RESIDENT OF BELDIHA, POST SILHAN, VIA-EKCHARI, P.S. SANOKHAR(SANHAULA) DISTRICT BHAGALPUR---RESPONDENTS. ----------- 02. 10.09.2009 Learned counsel for respondent nos. 7, 8, 10, 11 and 12 has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners Managing Committee and its Secretary have approached this Court against order bearing Memo No. 509-15 dated 13.2.2009, Annexure-1 passed by the Bihar State Madarsa Education Board(hereinafter referred to as “the Board”), whereunder Board has - 2 - accorded its approval to the newly constituted managing committee of the Madarsa headed by Md. Taiyab Alam as Secretary. 4. It is submitted on behalf of the petitioners that without ascertaining whether managing committee of the Madarsa has been actually constituted, the Board has accorded its approval to the newly constituted managing committee. Before according such approval the officer of the Board, who conducted the inquiry ever consulted the petitioners or any other member of the existing managing committee or conducted any inquiry by visiting the Madarsa, only a paper report was submitted to defeat the interest of the Madarsa by constituting new managing committee. 5. Such submission is being supported by the counsel for the appearing private respondents, who have filed counter affidavit. This Court, however, without going into the correctness or otherwise of the submissions made by the counsel for the petitioners, directs the petitioners to appear before the Chairman of the Board, who should serve on the petitioners a copy of the order passed for re-constituting the managing committee of the Madarsa so that the petitioners may be aware about the ground taken against them(the earlier managing committee) for re-constituting the managing committee and after hearing the petitioners in the matter by the full Board for which a date be fixed with notice to the petitioners the order be passed and communicated to the petitioners at the earliest in any case within one month from the date of receipt of this order. In case the Board is inclined to accept the submission made by the petitioners then the - 3 - order dated 13.2.2009, Annexure-1 be recalled, failing which the Secretary of the Board shall be at liberty to pass appropriate orders in accordance with law. It is, however, made clear that until fresh order is passed by the Secretary in view of the resolution of the Board, the order impugned shall be given effect to. Appropriate orders in the light of this order should be passed by the Board as early as possible, in any case within one month from the date of receipt/production of a copy of this order. In case the Board is dissolved, the ex officio member of the Board should consider the matter in the light of this order within the same time. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)