Managin Committee Of Madarsa Hussainia Mander At Mander v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23855 of 2013 ===========================================================

1. Managin Committee Of Madarsa Hussainia Mander At Mander, P.O. - Mander, P.S. Morkahi, District - Khagaria Through It'S Secretary Md. Abbash Quashmi Son Of Late Md. Rafiqueuddin Resident Of Village - Mander, P.O. - Mander, P.S. Morkahi, District - Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Principal Secretary, Human Resources Development Department, Bihar, Patna

3. The Special Director Secondary Education, Human Resources Development Department, Bihar, Patna

4. The Bihar State Madarsa Education Board, Through Its Secretary, Vidyapati Marg, Patna - 1

5. The Chairman, Bihar State Madarsa Education Board, Vidyapati Marg, Patna - 1

6. The Secretary Bihar State Madarsa Education Board, Vidyapati Marg, Patna - 1

7. The District Education Officer, Khagaria

8. The Managing Committee Of Madarsa Hussainia At And P.O. Mander, P.S. Morkahi, District - Khagaria Through Its Secretary Zainul Abedin Son Of Late Md. Kaillu Resident Of Village And P.O. - Mander, P.S. Morkahi, District - Khagaria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Prasad For the Respondent/s : Mr. Shyam Kishor Sharma =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-01-2016 Heard learned counsel for the parties.

The impugned order issued by the Chairman, which is under challenge in the present writ application, has been issued as a consequence of the decision rendered by the Principal Secretary, Department of Education, Government of Bihar, Patna on a direction issued by the High Court earlier.

The notification issued by the Chairman is a natural corollary to the decision rendered by the Principal Secretary, dated

Patna High Court CWJC No.23855 of 2013 dt.21-01-2016 2/2 30th of September, 2013.

It is one of those cases, where submission of the counsel of the petitioner that the Chairman has no power but the Board has power to take such a decision, will not apply to the facts of the present case, because whether it is Chairman or the Board, the net effect of that notification will remain the same. Writ application is dismissed, accordingly.

(Ajay Kumar Tripathi, J) SKM/- U