Research › Search › Judgment

Patna High Court · body

2004 DIGILAW 50 (PAT)

Managing Committee Of Madarsa Hanfia Arabic College v. State Of Bihar

2004-01-13

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. The order, as contained in Annexure 1 dated 25.9.1998, is under challenge, whereby and whereunder the Managing Committee of Madarsa Hanfia Arabic College at Jamaila Gidarganj, in the District of Madhubani, has been constituted. 3. Learned counsel appearing on behalf of the petitioner submitted that the petitioners could not file appeal against the order impugned as at the relevant time one Sri Kumar Gouri Shankar Sinha was the Special Director of Education and also Chairman of the Madarsa Board and at his behest certain interference were made in the management of the college. It is not in dispute that at present, Sri Kumar Gouri Shankar Sinha is no more in service and the Madarsa Board is headed by some other Special Director, Secondary Education. 4. Section 28 of the Bihar State Madarsa Education Board Act (hereinafter to be referred to as "Act") contemplates for filing of an appeal against the order passed by the Madarsa Board before the Government. 5. Admittedly, the order impugned is appealable under section 28 of the Act. 6. The question raised in this writ application, in that view of the matter, in my opinion, should not be decided by this Court under Article 226 of the Constitution, when the facts are almost disputed and the managing committee so constituted by Annexure 1 continued from 25.9.1998 till date. Since there is specific provision of statutory appeal before the Government, the matter can be effectively adjudicated upon by the Government in its appellate jurisdiction. The petitioners, therefore, should prefer appeal against the order impugned, as required under section 28 of the Act. 7. This application, in that view of the matter,is dismissed. The petitioners, if so advised, may file their statutory appeal under section 28 of the Act before the State Government with a petition under sections 5 and 14 of the Limitation Act, which will be considered and disposed of in accordance with law.