S.N.JHA
Md. Daud Hassan – Appellant
Versus
State of Bihar – Respondent
The petitioner has challenged the validity of the office order dated July 26, 1994 issued in the light of the order of the Chairman of the Bihar State Madarsa Education Board, dated July 22, 1994, according approval to a new managing committee of Madarsa Noorul Basat Gangadda in the district of Sahebganj (now Pakur). The order has been challenged on the ground that in terms of the provisions of section 7(2)(n) of the Bihar State Madarsa Education Board Act, 1981 (in short, 'The Act'), it is the Madarsa Board constituted under the said Act which is competent to accord approval to the managing committee of a Madarsa and not the Chairman.
2. Counsel for the Madarsa Board as also respondent no. 8 submitted that section 13 (3) of the Act empowers the Chairman to make inspection of a Madarsa or other institution affiliated with the Board and pase appropriate orders. It was stated that in the instant case the impugned order was passed on the complaint in regard to illegal and improper appointments of ineligible and unsuitable persons by an illegally constituted managing committee. Counsel for the respondents, curiously enough, as a matter of fact, took the stand that in view of the d
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