Madrasha Education Board (Governing Bodies And Managing Committees)
Nos. 4, 5 and 13
4 provides for constitution of the Governing Body while Regulation 5 provides
for constitution of the Managing Committee. Regulation 13(d) speaks about the
powers and functions of the Governing Body and the Managing Committee.
the Chairman of the Managing Committee of the Madrasha is the Thana Nirbahi
Officer and by the impugned order the said Thana Nirbahi Officer directed the
principal of the Madrasha to allow the petitioner to join his post, the order
so passed by the Thana Nirbahi Officer cannot be construed as an order of the
Governing Body or the Managing Committee. The order passed by the Thana Nirbahi
Officer not being an order of the Governing Body or the Managing Committee it
clearly falls outside the purview of Regulation 13 and as such it has no legal
an order is passed by an authority having no force of law the High Court
Division acting under Article 102 of the constitution shall not direct the
authority concerned to enforce such an order by an order of mandamus.
Rouf Vs. Government of Bangladesh 16BLD (HCD) 607.