IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14107 of 2009
1. MD. NASEEM AKHATAR S/O MD. OZAIR VILL- PAKAHI, P.S.
ADAPUR, DISTT. EAST CHAMPARAN (MOTIHARI)
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY HUMAN RESOURCE
DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA
3. THE SPECIAL DIRECTOR, SECONDARY EDUCATION BIHAR,
PATNA
4. THE DISTRICT EDUCATION OFFICER EAST CHAMPARAN
(MOTIHARI)
5. THE DISTRICT MAGISTRATE EAST CHAMPARAN (MOTIHARI)
6. THE SUB-DIVISIONAL OFFICER RAXAUL EAST CHAMPARAN
7. THE BLOCK PROGRAMME OFFICER NAREGA, ADAPUR BLOCK,
EAST CHAMPARAN
8. THE CHAIRMAN BIHAR STATE MADARSA EDUCATION BOARD,
BIHAR, PATNA
9. MD. ZAVED AZIZ, SECRETARY 74, MADARSA RAZOUTUL
ULUM, PAKAHI, EAST CHAMPARAN
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3. 14.02.2011 Heard learned counsel for the petitioner, for the
State and for the Bihar State Madarsa Board as also for
respondent no. 9.
The relief sought originally was for direction to
remove respondent no. 9 from the post of Secretary of
the 74, Madarsa Rozoutul Ulam, Pakahi stated to be
holding the post illegally since 20 years without any
reconstitution of the Managing Committee even though
the President had expired, leading to alleged
unauthorized activity by the Secretary.
The counter affidavit filed by the Board states
that general meeting of the local people of the area was
held on 8.4.2007 and a fresh committee elected. The
Board has approved this fresh Managing Committee by
2
order dated 25.3.2009.
Learned counsel for the petitioner however
submits that the alleged illegality committed by
respondent no. 9 and in respect of which audit of
accounts was requested done in accordance with law is
not being done.
Now that a new elected Managing Committee is
in place, if the petitioner is aggrieved by the constitution
of the same, his remedy lies in challenging the
constitution first before the appellate authority. There
is no occasion for the Court to test the correctness of
the new Managing Committee in the present proceeding.
Now that the new Managing Committee is in
place and the petitioner perceives any illegality by the
erstwhile Secretary, he may represent before the
Managing Committee which is expected to act in the
best interest of the Madarsa itself. In the event that the
Managing Committee does not pay heed to the grievance
of the petitioner, and he represents before the Board,
the Court expects the Board to act in the best financial
interest of the Madarsa.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)