S.B. Sinha, J.

This writ petition involves an interesting question of law relating to the vires of Section 24 of the Bihar State Madrasa Education Board Act, 1981 (hereinafter called and referred to for the sake of brevity as 'the Act'). The petitioners in this writ application have also questioned the validity and legality of the order of the Chairman, Bihar Madrasa Education Board (respondent no. 3) dated 11.10.1982 as contained in Annexure-8 to the writ application as also the order contained in the letter dated 12.10.1983 issued by the Secretary, Bihar State Madrasa Education Board (respondents no. 4) addressed to the Secretary, Madarsa Mutahul Oloom, Semrhaia (petitioner no. 2) as contained in Annexure-11 to the writ application.

2. The facts of the case lie in a very narrow compass. The petitioner no. 1, which is a Muslim Minority organisation of the people of village semrhaia situated in the district of East Champaran established a Makhtab in June, 1940, and the same was developed and in 1946 converted into a Madrasa known as 'Madrasa Misbahul Oloom'.

According to the petitioners the Madrasa aforementioned is a minority institution and imparts religious and secular educ