Md. Naseem Ahmad @ Md. Nasim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22791 of 2013 =========================================================== Md. Naseem Ahmad @ Md. Nasim, Son Of Md. Nazir, Resident Of Mohalla - Thana Tola, Ward No. 8 P.S. And District - Sheohar And Secretary Of Madarsa Islamia Falahul Muslemeen, Sheohar Madarsa No. 50 .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Special Director Secondary Education, Govt. Of Bihar, Patna

2. The Bihar State Madarsa Education Board, Vidyapati Marg, Patna Through It'S Secretary

3. The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna

4. The Secretary, Bihar State Madarsa Education Board, Vidyapati Marg, Patna

5. The Inspector Of Bihar State Madarsa

6. The District Education Officer, Sheohar

7. The New Managing Committee Of Madarsa Islamia Falahul Muloemeen Sheohar Through Its Secretary Ishteyaque Ahmad Son Of Late Md. Izhar Khan Resident Of At/P.O./P.S. And District - Sheohar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Md. Anisur Rahman Md. Akram Naiyar For the Respondent/s :

Mr. Sunil Kumar Mandal For the Respondent No. 7:

Mr. Abdul Mannan Khan Md. Naushaduzzoha For the Madarsa Board:

Mr. Rashid Alam =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-04-2016 Heard counsel for the petitioner, counsel for the privaterespondent and counsel for the Madarsa Board. Keeping in view the settled position of law that such decision for approval of the managing committee has to be taken by the "Madarsa Board" and not by the "Chairman", in anticipation, the impugned order, dated 19.07.2013, contained in Annexure-14, is quashed.

Patna High Court CWJC No.22791 of 2013 dt.05-04-2016 2/2 Writ application is allowed.

(Ajay Kumar Tripathi, J) SKM/- U