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1995 Supreme(Pat) 418

SACHCHIDANAND JHA
Managing Committee Madarsa Islamia Falahul Muslemeen Sheohar Etc. – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. N. Jha, J.

1. -tn these writ petitions the petitioners have challenged the orders passed by the Special Director (Secondary Education) in exercise of the appellate power under Sec.28 of the Bihar State Madarsa Education board Act, 1981 (Act 52/82) (here in after referred to as the Act) on the ground, inter alta, of lack of jurisdiction. The point being common they are disposed of by this common order.

2. The Act provides for constitution of Bihar State Madarsa Education board (in short-the Board) as an autonomous body for development and better supervision of Madarsa Education. Sec.7 lays down the powers and functions of the board. Sec.13 enumerates the powers of its Chairman. Sec.28 provides for appeal against the orders passed by the Boald and the Chairman It also prescribes the forum of appeal, namely the State government. The State Government has authorised the Special Director (Secondary Education) to hear and decide appeals under Sec.28 vide notification No.280 dated 11th March 1993 of the Education Department. The point urged is that the statute having created the forum of appeal and vested the appellate powers in it, in the absence of any provision permitting del















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