JUDGMENT:

ORDER

1. This appeal by the Bihar State Madarsa Education Board, which is a creature of the Bihar State Madarsa Education Board Act, must fail for the reason that it is an effort merely to have the two provisions mentioned hereinafter, struck down by the High Court as violative of Article 30 of the Constitution, read down to be suitably operable.

2. Those two provisions are Section 7(2)(n) and Section 24 which are mentioned hereafter.

"7. (2) Subject to the provisions of this Act and the Rules and Regulations made thereunder, the Board shall have the powers to direct, supervise and control Madarsa Education and in particular have the powers:

(n) to get the Managing Committee of Madarsa constituted in a manner so as to include the Head Maulvi, two donor representatives, one Teacher representative, two guardians representatives and one member nominated by the Board and two other persons interested in Madarsa Education or Islamic Studies co-opted by the above seven members."

"24. Services of teachers and non-teaching staff.- The services of the approved teachers and non-teaching staff of a recognised Madarsa shall be under the supervision of the Board. Subject to the regulations p