- (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. Accordingly, I.A No. 1500 of 2007 is allowed and disposed of. Office is directed to carry out the necessary correction in the memo of the petition. From the prayer made in writ petition it appears that the petitioner have sought for approval of the managing committee of the Madarsha being Madarsha No. 215/1027, Block Mahagama, Dist. Godda on the claim that they have been approved by Bihar State Madarsa Education Board, Patna in its meeting dated 21.5.2001and also from the subsequent letter dated 16.2.2004 issued bythe Secretary, Bihar State Madarsa Education Board, Patna.
(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. In the aforesaid circumstances, petitioner as well as intervenor are allowed to move their applications before the J.A.C in proper prescribed format for seeking approval of the managing committee of the said Madrasa Board within two weeks. If such application is made by petitioner and intervenor, the J.A.C should consider the claim of the rival parties in accordance with law as per the norms, convention and regulations in the Act of 2002 as amended from time to time by taking decision over the same within a period of 8 weeks thereafter. With the aforesaid observation, this application is disposed of.;