Phrase 'Take Action In Accordance With Law' Doesn't Permit Fresh Adjudication Of Concluded Issues: Patna High Court
The Patna High Court has held that a direction to an authority to “take action in accordance with law” cannot be construed as permitting it to reopen issues already concluded by a statutory appellate authority or undertake a fresh adjudication on the merits.A Single Judge Bench of Justice Alok Kumar Sinha held that the Bihar State Madarsa Education Board could not re-examine the...
The Patna High Court has held that a direction to an authority to “take action in accordance with law” cannot be construed as permitting it to reopen issues already concluded by a statutory appellate authority or undertake a fresh adjudication on the merits.
A Single Judge Bench of Justice Alok Kumar Sinha held that the Bihar State Madarsa Education Board could not re-examine the petitioner's selection for appointment as Clerk after the appellate authority had already set aside the Board's earlier decision and subsequently rejected a review petition for want of statutory power of review.
The petitioner, Md. Asghar Hussain, had challenged the Board's refusal to approve his appointment as Clerk in Madrasa Faizul Uloomi Kawai, Samastipur. According to the petitioner, the Bihar State Madarsa Education Board had granted permission to fill the vacant post, nominated experts for the selection process, and the petitioner secured the first position in the merit panel prepared by the Selection Committee. The Managing Committee thereafter unanimously approved his appointment and forwarded the recommendation to the Board for approval.
However, acting on a complaint by respondent Aisha Khatoon, the Board rejected the petitioner's recommendation and directed her appointment instead. The petitioner challenged the decision before the statutory appellate authority, which, by order dated October 8, 2024, allowed the appeal and set aside the Board's decision. Thereafter, the respondent filed a review petition, which was dismissed on July 31, 2025 on the ground that the Bihar State Madarsa Education Board Act, 1981 confers no power of review or rehearing. While dismissing the review, the appellate authority directed the Board to “take action in accordance with law.”
Despite this, the Board proceeded to reconsider the petitioner's case on merits, leading to the present writ petition. The High Court held that the Board had misread the appellate authority's direction. The Court observed:
“The expression 'take action in accordance with law' cannot be construed as conferring a fresh adjudicatory jurisdiction upon the Board to reopen the merits of the petitioner's selection or to undertake a de novo evaluation of his recommendation for appointment made by the Managing Committee. Such a direction necessarily required the Board only to act upon the appellate order by taking consequential administrative steps consistent with the findings already recorded by the Appellate Authority."
Rejecting the Board's contention that it could independently reconsider the petitioner's claim, the Court held that an administrative authority cannot sit in appeal over a binding order passed by its own superior appellate authority.
It observed that permitting such a course would render the statutory appellate remedy illusory and strike at the doctrine of finality of quasi-judicial decisions. An authority entrusted with implementation of an appellate order, the Court said, cannot assume the power to reconsider issues already concluded by the appellate authority.
The Court also noted that the selection process had been undertaken pursuant to the Board's own permission, in the presence of experts nominated by it, and culminated in the petitioner securing the first position in the merit panel. No competent authority had recorded any finding that the selection process was vitiated by fraud, malpractice or procedural irregularity. In such circumstances, the Board had no justification to disregard the recommendation of the Managing Committee and substitute its own decision.
Accordingly, the Court quashed Memo No. 1569 dated December 17, 2025 and directed the Bihar State Madarsa Education Board to implement the appellate orders by granting approval to the petitioner's appointment as Clerk within eight weeks.
Clarifying the scope of the Board's authority, the Court held that it “shall not reopen or re-adjudicate the petitioner's case on merits”, as those issues already stood concluded by the appellate order, and that its obligation was confined to implementing the order in its true letter and spirit.
Case Title: Md. Asghar Hussain v. State of Bihar and Ors.
Case No.: Civil Writ Jurisdiction Case No. 8585 of 2025.
Appearance: Mr. Alok Kumar Sinha appeared for the Petitioner. Government Pleader (16) appeared for the State. Mr. Shahzad Hassan Khan and Mr. Md. Aslam Ansari appeared for the Bihar State Madarsa Education Board.
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