Anjani Kumar Sharan, J.—Heard learned counsel for the petitioners and learned counsels for the respondents.

2. The present writ application has been filed for the following relief/s:—

“(i) For issuance of an appropriate writ, order or direction for quashing the order passed by the respondent Chairman, Bihar State Madarsa Education Board, Patna as contained in Memo No.2772 dated 15.12.2021 (Annexure-1) issued by the Secretary, Bihar State Madarsa Board, Patna by which the respondent Chairman inspite of deciding the issue of approval of termination of service of private respondent, has most arbitrarily and quite malafidely directed the petitioners to permit the private respondent to function on the post of Assistant Teacher (Maulvi). He has also directed the petitioners to pay the arrears of salary of the private respondent otherwise he has threatened the Head Molvi (petitioner no.4) to stop his salary. He has further directed the petitioners to not to take any disciplinary action against the private respondent.

(ii) For issuance of an appropriate writ, order or direction restraining the respondents from interfering in the peaceful management of the Madarsa in question.

(iii) For issuance of an appropriate writ, order or direction for grant of ad interim stay of the operation of the impugned order dated 15.12.2021 as contained in Memo No.2772 dated 15.12.2021 (Annexure-1) passed by the respondent Chairman, Bihar State Madarsa Education Board, Patna which is annexure-1 of this writ petition, during the pendency of the writ petition.

(iv) For grant of any other relief or reliefs to which the petitioners may be deemed entitled in the facts and circumstances of the case.”

3. The short facts of the case is that Madarsa Mofidul Islam was established by the local Muslims in the year 1957 at Tegharia, P.O. Gangi Hat, P.S. Kochadhaman, District Kishanganj. The aforesaid Madarsa has been recognized/affiliated vide Letter/Memo No.484 in the year 1962 by the Bihar State Madarsa Education Board, Patna. The petitioner nos.2 and 3 are the President and the Secretary of the Managing Committee and the petitioner no.4 is the Head Molvi (Principal) of the said Madarsa.

4. The problem in the Madarsa arose when the private respondent no.7 got himself appointed on the post of Assistant Teacher (Molvi) on 18.05.2013 by playing fraud and forgery upon the then Managing Committee. The fraud and forgery of the private respondent came into light when on 04.01.2021, one Israil filed a petition before the President/Secretary regarding the fraud played by the private respondent for getting appointment in the Madarsa in question. A domestic enquiry was conducted by three members enquiry committee on the directions of the Managing Committee and it was found that the private respondent had got initial education from the Madarsa in question and he had passed Wastania examination of Bihar State Madarsa Education Board from the Madarsa in question and his date of birth has been recorded there as 16.12.1974. Thereafter, he has passed Fauquania and Molvi examination from another Madarsa in the year 1990 and 1992 conducted by the Bihar State Madarsa Education Board and in his all above certificates, his date of birth has been recorded as 16.12.1974.

5. He had produced the certificates of a private Madarsa of Bareilly (U.P.) of Fazil standard, which appears to be forged and fabricated and not recognized by the Bihar State Madarsa Education Board/the Government of Bihar. The date of birth of the private respondent in the certificate of Fazil of private Madarsa has been shown as 16.12.1988 (Annexure-2 of the writ petition).

6. The Secretary of the Managing Committee issued show cause notice against the private respondent and to explain as to why he should not be removed/terminated from the service of the Madarsa in question. The enquiry committee had also examined the private respondent. After providing sufficient opportunity of hearing and examining the entire aspect of the matt