RAJ MOHAMMAD ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. I.A. No. 5753 of 2006 has been filed by Mr. Zahoor Ahmad claiming to be the Secretary of the newly constituted Mahaging Committee of the Madarsa in question. In the said circumstances, this interlocutory application is allowed. Let Mr. Zahoor Ahmed, the alleged Secretary of the newly constituted Managing Committee of Madarsa Darus Salam, Sikta, West Champaran be added as respondent No. 6 in this writ petition.

(2.) AT the insistence of all the parties this writ petition is finally heard and decided at this stage itself. Heard learned Counsel for the petitioner, learned Counsel for the State of Bihar (appearing for respondents No. 1 and 2), learned Counsel for the Bihar State Madarsa Education Board, Patna (appearing for respondents No. 3 and 4), Learned Counsel for respondent No. 5, namely Mr. Nisar Ahmad, and learned Counsel for the newly added intervenor respondent.

(3.) LEARNED Counsel for the petitioner submits that the said Madarsa in question is one of the oldest Madarsas in Bihar and is affiliated to Bihar State Madarsa Education Board (hereinafter referred to as the 'Board' for the sake of brevity) as Madarsa No. 78. He further submits that the earlier committee of Madarsa was dissolved as the Secretary of the said Madarsa, namely Mr. Nisar Ahmad (respondent No. 5) had resigned, whereafter on 6.2.2004, a general meeting of local people was held which selected a new Managing Committee of which the petitioner was the Secretary. Thereafter at the instance of the Board, an inquiry was held by one Dr. Abdul Ghani who submitted his report dated 20.6.2005 finding that the said committee was legally constituted, whereafter on 19.9.2005 (annexure-3) temporary approval was given to the said committee by the. Secretary of the Board awaiting the approval of the Board. LEARNED Counsel for the petitioner further submits that on 14.12.2005 the Committee of the Board approved the said Page 0607 Managing Committee, whereafter on 18.12.2005 the Board gave its approval to the petitioner's committee.