The Managing Committee Of Madrasa Sulamania Babla Banna v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12324 of 2014 =========================================================== The Managing Committee Of Madrasa Sulamania Babla Banna, P.S- Manihari, District- Katihar, through its Secretary, Md. Abdus Sattar Son of Haji Ishaque Biswas resident of village Babla Banna, P.S.- Manihari, District- Katihar. .... .... Petitioner

Versus

1. The State of Bihar

2. The Special Director- Incharge Oriental Education, Secondary Education, Govt. of Bihar, Patna.

3. The District Education Officer, Katihar, District- Katihar.

4. The Bihar State Madrasa Education Board, Patna.

5. The Chairman, Bihar State Madrasa Education Board, Patna.

6. The Secretary, Bihar State Madrasa Education Board, Patna. null Respondent No. 4 to 6 are 5- vidyapati Marg, P.S- Kotwali, District- Darbhanga.

7. The Managing Committee of the Madrasa Sulamania Babla Banna, DistrictDarbhanga through its Secretary Kausar Alam Son of not known resident of village Babla Banna, P.S.- Manihari, District- Katihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Prasad For the Respondent/s : Mr. GA8-SANDEEP KUMAR For Madarsa Board : Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-10-2016 Learned counsel for the Board informs the Court that in view of pendency of the present writ application, they found it prudent not to proceed in the matter by taking any decision, which may be construed otherwise.

Since a decision has to be taken by the Board, it will be pre-mature for this Court to get into the thicket of controversy with regard to the status of either the petitioner or the respondent no.7. The writ application, therefore, stands disposed of with a direction upon the Chairman of the Board that he will ensure that a

Patna High Court CWJC No.12324 of 2014 dt.21-10-2016 2 / 2 decision on the controversy is taken by the entire Board in the next Board meeting.

Before parting, it is also made clear that any decision taken by the Chairman will not form the basis for a decision, which is to be taken by the full Board since such a decision by the Chairman alone is non-est in the eye of law.

(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE Uploading Date 24.10.2016 Transmission Date