MADARSA BAITUL OLUM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY this interlocutory application the applicants have sought permission to intervene in this writ application claiming themselves to be Secretary and President of the managing committee of Madarsa as they have not been impleaded as party-respondent in the instant case by the petitioners, who claimed themselves to be the secretary of the so called newly constituted managing committee of the Madrasha.

(2.) FROM the averments made in the I.A as also from the pleadings on record of the writ application, it appears that the question relating to approval of managing committee is to be decided as per the Jharkhand Academic Council Act, 2002, since the rival parties are engaged in claim over the managing committee of the said Madarsha Board. In such situation, since the intervenor- applicants are also claiming themselves to be representing said managing committee, it is desirable that the prayer of the applicants � intervenor in the I.A. be allowed, since the respondent- Jharkhand Academic Council has no objection to the same.

(3.) JHARKHAND Academic Council- Respondent no. 5 has appeared and filed its counter affidavit wherein it has been stated that constitution of the managing committee of Madarsa is to be done in accordance with the provisions contained in Jharkhand Academic Council Act, 2002 and as per clause 7.6 of the amended act, 2007 notified on 15.2.2007, as stated in para 4 of the said counter affidavit. It is further been stated that the writ petition preferred by the petitioner has been rendered infructuous as the law has changed in between and also in accordance with the amended provisions of the Act. Hence, the matter of recognization of managing committee of the Madarsa Board in question is to be done by the statutory body , Jharkhand Academic Council(J.A.C) under the J.A.C. Act as amended in 2007.