IN THE HIGH COURT OF JUDICATURE AT PATNA L PA No.347 of 2008 ------- Abdul Azim Haidri, son of late Hakeem Md. Naziruddin, resident of village – Ballia, P.S. – Ballia, District – Begusarai --Writ petitioner – Appellant. Versus 1. The State Of Bihar 2. The Special Director, Secondary Education, Bihar, Patna, District – Patna 3. The District Education Officer, Begusarai, District – Begusarai 4. The Bihar State Madarsa Education Board, Patna, 5, Vidyapati Marg, Patna- 1, through its Secretary 5. The Chairman, Bihar State Madarsa Education Board, Patna, 5, Vidyapati Marg, Patna- 1, 6. The Managing Committee of the Madarsa Badrul Islam, Mohalla – Mungeriganj, P.S., Town and District – Begusarai, through its Secretary Md. Sultan Ahmad 7. Mokarramul Hussaini, son of Muzaffar Hussain, resident of village – Sanha, P.S. Sahebpur kamal, District – Begusarai 8. Arshad Ali, son of Md. Jalilur Rahman, resident of Mohalla Mungeriganj, P.S. Town and District - Begusarai …….Respondents - Respondents ----------- For the Appellant : Md. Anis Akhtar, Arif Sidiqui, Advocates For the State : Mr. Sunil Kumar Mandal, S.C. XV. ------------ 11/ 23.3.2009 In the facts and circumstances of the case, delay in filing the appeal is condoned. Heard learned counsel for the appellant and perused the judgment under appeal. The only points which was seriously urged before this court was to the effect that Special Director has been delegated with the power of the State Government to hear appeals and he is also an ex officio member of Madarsa Board and hence, the appellate power - 2 - exercised by the Special Director and which has been approved by the writ court, was a bad order. According to the learned counsel for the appellant, as a delegatee of the State Government, the Special Director could not have heard the appeals as he is an ex officio member of the Madarsa Board. The aforesaid submission, though appearing to be attractive, are not attracted in the present case where no exception was taken to hearing of the appeal by the Special Director at any stage and this point was not urged even before the writ court. It further appears from the facts that the earlier appellate order of the Special Director was interfered by this court and the matter was remitted back to the appellate authority by an earlier judgment and order. Pursuant to that, the Special Director has again decided the matter as per the directions of this Court. The earlier order of the writ court remitting the matter to the Special Director has assumed finality as the parties never challenged the same. Although it is not necessary to decide the contention raised on behalf of the appellant in the preset case, prima facie, we find no merit in the contention because under section 28 of the Bihar Madarsa Education Board Act, the State Government has the power to hear appeals and the State Government has delegated its power under valid rules to the Special Director. Such statutory arrangement suffers from no apparent defect and simply because the Special Director is also an ex officio member of the Madarsa Board, cannot divest him of the legal authority to hear appeals unless, on facts, it is found that exercise - 3 - of the appellate power will be vitiated by bias or motive in the peculiar facts of a case. In the facts and circumstances of the case, we find no good ground to interfere with the order of the writ court. The appeal is, therefore, dismissed. Anil/ (Shiva Kirti Singh, J.) (Dharnidhar Jha, J.)