IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14107 of 2009 1. MD. NASEEM AKHATAR S/O MD. OZAIR VILL- PAKAHI, P.S. ADAPUR, DISTT. EAST CHAMPARAN (MOTIHARI) Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE SPECIAL DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER EAST CHAMPARAN (MOTIHARI) 5. THE DISTRICT MAGISTRATE EAST CHAMPARAN (MOTIHARI) 6. THE SUB-DIVISIONAL OFFICER RAXAUL EAST CHAMPARAN 7. THE BLOCK PROGRAMME OFFICER NAREGA, ADAPUR BLOCK, EAST CHAMPARAN 8. THE CHAIRMAN BIHAR STATE MADARSA EDUCATION BOARD, BIHAR, PATNA 9. MD. ZAVED AZIZ, SECRETARY 74, MADARSA RAZOUTUL ULUM, PAKAHI, EAST CHAMPARAN ----------- 3. 14.02.2011 Heard learned counsel for the petitioner, for the State and for the Bihar State Madarsa Board as also for respondent no. 9. The relief sought originally was for direction to remove respondent no. 9 from the post of Secretary of the 74, Madarsa Rozoutul Ulam, Pakahi stated to be holding the post illegally since 20 years without any reconstitution of the Managing Committee even though the President had expired, leading to alleged unauthorized activity by the Secretary. The counter affidavit filed by the Board states that general meeting of the local people of the area was held on 8.4.2007 and a fresh committee elected. The Board has approved this fresh Managing Committee by 2 order dated 25.3.2009. Learned counsel for the petitioner however submits that the alleged illegality committed by respondent no. 9 and in respect of which audit of accounts was requested done in accordance with law is not being done. Now that a new elected Managing Committee is in place, if the petitioner is aggrieved by the constitution of the same, his remedy lies in challenging the constitution first before the appellate authority. There is no occasion for the Court to test the correctness of the new Managing Committee in the present proceeding. Now that the new Managing Committee is in place and the petitioner perceives any illegality by the erstwhile Secretary, he may represent before the Managing Committee which is expected to act in the best interest of the Madarsa itself. In the event that the Managing Committee does not pay heed to the grievance of the petitioner, and he represents before the Board, the Court expects the Board to act in the best financial interest of the Madarsa. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)