IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3550 of 2007 The Managing Committee Of Madarsa Hussainia at Motgah,P.O. Baghauni, P.S. Baheri, District- Darbhanga through its President Md. Hasnain son of late Azizur Rahman @ Nanku, resident of village- Motgah, P.O. Baghauni, P.S. Baheri, District Darbhanga … .. Petitioner Versus 1. The State Of Bihar 2. The Bihar State Madarsa Education Board through its Secretary, Vidiyapati Marg, Patna 3. The Chairman, the Bihar State Madarsa Education Board, Vidiyapati Marg, Patna 4. The Secretary, the Bihar State Madarsa Education Board, Vidiyapati Marg, Patna 5. Noorul Islam, Inspector, the Bihar State Madarsa Education Board, Vidiyapati Marg, Patna 6. The District Education Officer, Darbhanga 7. Md. Omais Akhter, Head Maulvi of Madarsa Hussainia at Motgah,P.O. Baghauni, P.S. Baheri, District- Darbhanga 8. Dastgir son of Md. Ali Akhter 9. Ghulam Md. Mustafa son of late Haji Maniruddin 10. Ashfaque son of Md. Mushtaque 11. Waris Ali son of Md. Ali Hashim 12. Haider Ali son of Abdul Ghaffar 13. Izharul Haque son of late Md. Israrul Haque 14. Maulvi Iqbal Ahmed son of Md. Ayub, all are the resident of village- Motgah,P.O. Baghauni, P.S. Baheri, District- Darbhanga … .. Respondents ---------------------------------- 02/ 15.09.2011 Heard learned counsel for the petitioner, the State and the Bihar State Madarsa Board, who is praying for time to seek instruction in the matter, but such request is being rejected on the ground that the writ petition was filed on 20.3.2007 after serving a copy of the brief on the learned counsel for the 2 Madarsa Board, but learned counsel for the Madarsa Board has not chosen to take instruction in the matter in the intervening period of about four years. 2. Petitioner- Managing Committee is questioning the contents of the office order bearing Memo No. 411-14 dated 31.1.2007, Annexure-4 to the writ petition whereunder the Chairman of the Madarsa Board granted approval to the New Managing Committee of Madarsa Hussainya, Motgah, P.O. Baghauni, Via Baheri in the district of Darbhanga, bearing Madarsa No. 895 in anticipation of the approval by the Madarsa Board. 3. It is submitted by the learned counsel for the petitioner that after granting approval in anticipation of the approval to be granted by the Madarsa Board, the Chairman of the Madarsa Board never referred the matter to the Madarsa Board and the New Managing Committee is allowed to function without approval of the Madarsa Board for over four years. 4. Counsel for the Madarsa Board has opposed the prayer and states that against the office 3 order dated 31.1.2007, Annexure-4, petitioner has alternative remedy of appeal before the Special Director. 5. Counsel for the petitioner, in rejoinder, submitted that appellate power of the Special Director has been seized by the Division Bench of this Court in view of the fact that Special Director is also ex officio member of the Madarsa Board. 6. Without going into the correctness or otherwise of the rival submissions made on behalf of the parties, about the availability of the alternative forum, it was observed that the Chairman of the Madarsa Board should have placed the matter of approval of the New Managing Committee of the Madarsa in question before the Madarsa Board within a reasonable time of the grant of provisional approval under office order dated 31.1.2007, Annexure-4. Four years having already lapsed and the approval matter of the New Managing Committee having not been considered, the office order dated 31.1.2007, Annexure-4 is quashed with direction to the Chairman of the Madarsa Board to place the approval 4 matter of the New Managing Committee before the Madarsa Board as early as possible, in any case within one month from the date of receipt/ production of a copy of this order before the Chairman of the Madarsa Board, if not already approved by the Madarsa Board. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)