ANJUMAN-E-MISHBAHUL MUSLEMIN AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ petition involves en interesting question of law relating to the vires of Sec. 24 of the Bihar State Madrasa Education Board Act, 1981 (hereinafter called and referred to for the sake of brevity as 'the Act'). The petitioners in this writ application have also questioned the validity and legality of the order of the Chairman, Bihar Madrasa Education Board (respondent No. 3) dated 11.10.1982 as contained in Annexure -8 to the writ application as also the order contained in the letter dated 12.10.1983 issued by the Secretary, Bihar State Madrasa Education Board (respondents No. 4) addressed to the Secretary, Madarsa Mutahul Oloom, Semrhaia (petitioner No. 2). as contained in Annexure -11 to the writ application. The facts of the case lie in a very narrow compass. The petitioner No. 1, which is a Muslim Minority organisation of the people of village semrhaia situated in the district of East Champaran established a Makhtab in June, 1940, and the same was developed and in 1946 converted into a Madrasa known as 'Madrasa Misbahul Oloom'.

(2.) It has been further stated that the respondent No. 6 Md. Zafarullah was appointed as Head Maulvi the year 1978, of the said Madrasa. According to the petitioners, the respondent No. 6 had committed various acts of misconduct. The said fact has been stated in paragraph 11 of the writ petition, the relevant portion of which is quoted hereunder: - -

(3.) According to the petitioners, a disciplinary proceeding was initiated against the respondent No. 6 and he was also suspended by the Managing Committee by a resolution adopted in this regard on 24.2.1983. The respondent No. 6 filed a writ petition in this Court being C.W.J.C. No. 1573 of 1983, for issuance of an appropriate writ for quashing the aforesaid Resolution dated 24.2.1983, and also for issuance of, a writ of, or in the nature of mandamus forbearing the petitioners from interfering with the functioning of the respondent No. 6 as Head Maulvi of the said Madrasa. The writ petition, after hearing the parties, was dismissed by an order dated 10.8.1983 (vide Annexure -6).