IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17336 of 2009 1. MD.AFTAB ALAM S/O LATE IBRAHIM MIAN R/O VILL.- BISHAMBHARPUR, P.S. MUFFASIL, BETTIAH, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, PATNA 3. THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, PATNA 4. THE SECRETARY, MADARSA, ESLAFUL MUSALMIN, BISHAMBHARPUR, P.S. MUFFASIL, DISTT.- WEST CHAMPARAN 5. THE SUB-DIVISIONAL EDUCATION OFFICER, BETTIAH 6. THE DISTRICT EDUCATION OFFICER, BETTIAH ----------- 2. 10.2.2010 Heard learned counsel for the petitioner, for the State and for the Bihar State Madarsa Education Board. The contention on behalf of the petitioner is that an election was held for the Constitution of the Managing Committee of the Madarsa Ishlahul Musalmin, Bishambharpur in which the petitioner was elected as Secretary. The Chairman of the Board has then passed the impugned order in a generalized manner that several complaints have been received and therefore the elected Managing Committee was being set aside directing fresh election. Learned counsel for the Board is unable to demonstrate from the impugned order of the nature of the illegality and whether those who were elected for appointment in the Managing Committee in a 2 democratic manner were heard before returning a vague finding of illegality. Learned counsel for the Board submits that he shall file a counter affidavit. This Court is not persuaded to encourage the Board to generate litigation in this manner. It is the duty of the Chairman of the Board to pass a reasoned and speaking order. Such orders not only facilitate judicial review but also shut out frivolous litigation and reduce the burden of the Court. The order dated 10.8.2009 is set aside. The matter is remanded to the Chairman of the Bihar State Madarsa Education Board to hear all concerned and pass a fresh, reasoned and speaking order in accordance with law, within a maximum period of four months from the date of receipt/production of a copy of this order. The students of the institution are paramount in the mind of the Court and should not be followed to suffer in the absence of a Managing Committee. It shall be the responsibility of the Chairman to ensure that the institution or the students are not allowed to suffer in any manner. The writ application stands disposed. P. Kumar (Navin Sinha, J.) 3