Mashkoor Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6532 of 2015 ====================================================== Mashkoor Alam Son of Latifur Rahman, Resident of Village- Pipla, P.O Atahat, P.S. Kochadhaman, District Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development, Bihar, Patna

2. The Chairman, Bihar State Madarsa Education Board, Patna

3. The Secretary, Bihar State Madarsa Education Board, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rishikesh Ojha For the Respondent/s : Mr. SC23- Kumar Priyaranjan For the Madarsa Board:

Mr. Rashid Alam For the Respondent No. 4 and 5:Mr. Raj Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-05-2016 Annexure-6, dated 31.12.2014 was passed by the Chairman, who has no requisite powers to grant such approval. The power is vested in the Board and despite one and a half years, having elapsed, the matter for approval of the decision of the Chairman has not been placed before the Full Board and an illegal order cannot be allowed to be sustained and continued indefinitely.

Writ application is allowed. Annexure-6, dated 31.12.2014 is quashed.

(Ajay Kumar Tripathi, J) SKM/- U