MAZHARUL HAQUE AND ABOUT 45 YEARS S/O LATE ALI RAZA Vs. BIHAR STATE MADARSA EDUCATION BOARD THROUGH ITS SECRETARY, BIHAR, PATNA, OFFICE AT 5-VIDYAPATI MARGE, PATNA

JUDGEMENT

(1.) In this public interest litigation the basic challenge is to the decision taken by the' Chairman of the Bihar State Madarsa Education Board (for short, 'the Board'), which has affected many students. It is urged by Mr. Khan, learned counsel for the petitioner, that the decision taken by the Chairman of the Board is without jurisdiction and the same has entailed in great jeopardy to the students.

(2.) Having heard learned counsel for the petitioner, we are of the considered opinion that if an order has been passed by the Chairman of the Board without any authority, any student, who is aggrieved by the same, can challenge the same before appropriate forum, as advised in law, but the same cannot be entered into by taking recourse to public interest litigation.

(3.) With the aforesaid observation, the writ petition stands disposed of.