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1989 Supreme(SC) 625

K.N.SINGH, N.M.KASLIWAL
Bihar State Madarsa Education Board – Appellant
Versus
Madarasa Hanfia Arabic College, Jamalia – Respondent


Advocates:
M.K.SHAH, M.Qamaruddin, P.C.KAPUR, S.N.Mishra

Judgment

SINGH, J.:- These two appeals are directed against the judgment and order of High Court of Patna dated November 6, 1989, quashing the order of the Bihar State Madarasa Education Board dissolving the Managing Committee of the respondents institution.

2. The State Legislature of Bihar enacted the Bihar State Madarasa Education Board Act (Act 32 of 1982) providing for the constitution of an autonomous Board for development and supervision of Madarasa Education in the State of Bihar. "Madarasa" as defined by S. 2 means an educational institution providing instruction in Islamic, Arabic and Persian studies and recognised as such by the Board. The Board means the Board established under S. 3 of the Act. Section 3 provides for the constitution of State Madarasa Education Board which is a body corporate with perpetual succession and a common seal. The Board consists of a Chairman appointed by the State Government, Director of Education (In charge of oriental Education), Director, Institution of Post-graduate studies and research in Arabic and Persian, Patna. The Principal, Madarasa Islamia, Shamsul Hoda Patna, Chairman, Bihar, Sunni Wakf Board, Patna, Chairman Bihar Shia Wakf Board,












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