S.J.Mukhopadhaya, J.

1. The petitioner has challenged the order, contained in Memo No. 406 dated 25th August, 1998, passed by the Special Director, Secondary Education, Government of Bihar in an appeal-petition preferred by Respondent No. 6, Md. Ishaque. By the impugned order, while the Managing Committee, which appointed the petitioner, has been held to be illegally constituted, the appointment of petitioner has been held to be illegal on such ground. The authority also upheld the appointment of Respondent No. 6, Md. Ishaque.

2. It appears that six units were sanctioned by the State of Bihar in 1981 for the Madarsa with Junior Section, namely, (i) Fazil-1 post; (ii) Alim-1 post; (iii) Moulvi-1 post; (iv) Hafiz-1 post; (v) I.A. Trained-1 post; and (vi) Matric trained-1 post. On the basis of a certificate of Fazil Nizami, the 6th Respondent was given appointment in 1977 against the post of Alim.

3. It appears that before approval of the appointment by the Bihar State Madarsa Education Board, certain infirmities, in the matter of appointment of 6th Respondent came to its notice, which by its letter dated 30th October, 1981 directed the S.D.E.O. concerned to make inquiry. The