IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.144 of 2003 1. PHAGULAL SANSKRIT PRATHMIK SAH Madhya Vidyalayaya, Amha, Supaul through its Secretary Hareram Prasad Yadav 2. Hareram Prasad Yadav, son of Sri Motilal Yadav, at present Secretary of the Managing Committee Phagulal Sanskrit Prathmic Sah Madhya Vidyalayaya, Amha, Supaul 3. Ram Bahadur Mandal, son of late Ghuturlal Mandal at present Headmaster Phagulal Sanskrit Prathmic Sah Madhya Vidyalaya, Amha, Supaul … Petitioners Versus 1. THE STATE OF BIHAR through the Secretary, Department of Secondary, Primary and Adult Education, Vikas Bhawan, New Secretariat, Patna 2. The Special Director (Secondary Education), Department of Secondary, Primary and Adult Education, Govt. of Bihar, Patna 3. The Secretary, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna 4. District Education Officer, Supaul 5. Hari Nandan Prasad, teacher, Phagulal Prathmic Sah Madhya Vidyalaya, Amha, Supaul … Respondents ----------- 3. 23.7.2010 Heard counsel for the petitioners and the counsel for the State as also Bihar Sanskrit Shiksha Board. The prayer of the petitioners in this writ application reads as follows: “ This writ application is being filed for issuance of writ in the nature of mandamus or any other appropriate writ/writs, direction/ directions commanding the respondents to modify the order as contained in Memo No. 316 dated 19.6.2002 so far as it relates to the name of teacher working on the 2 post of Science teacher in petitioner school namely Phagulal Sanskrit Prathmic Sah Madhya Vidyalaya (hereinafter referred to as the school).” With reference to the aforementioned order learned counsel for the petitioners would submit that the decision taken by the Special Director, Secondary Education, Govt. of Bihar, with regard to approving the services of respondent no.5, Hari Nandan Prasad as against the post of Science teacher in Phagulal Sanskrit Prathmic Sah Madhya Vidyalaya is apparently incorrect and illegal, inasmuch as the Managing Committee had appointed the petitioner no. 3 against the post of Science teacher. In this context he would also refer to certain resolutions of the Managing Committee. Counsel for the Board has taken a stand that the Board has got nothing to do in this case, inasmuch as it was for the Government to approve the services of teachers against the post of Science teacher under the special Scheme sponsored by the Govt. of India and such decision of the 3 State Government was taken without any reference or making consultation with the authorities of the Board. Counsel for the State has not filed any counter affidavit and in fact has offered no explanation in defence of its action of approving the services of Respondent no. 5 as Science Teacher of the school. It appears that this Court had issued notice to respondent no.5, Hari Nandan Prasad but despite valid service of notice on him and infact after filing of the Vakalatnama by him no one has appeared on his behalf. Under such circumstances, there can be only two remedies for the petitioners either to file a suit for seeking declaration to justification of his appointment on the post of Science teacher made by the Managing Committee of a private recognized Sanskrit school or to approach the same authority who had approved the services of respondent no.5 allegedly ignoring the claim of the petitioner no. 3. This Court, however, would make it 4 clear that in the event the petitioners choose to represent their case before the Special Director, Secondary Education, for assailing the approval given to respondent no.5, the aforesaid authority after making enquiry and giving opportunity of hearing to the Managing Committee of the school as also respondent no.5 would pass its final order strictly in accordance with law and in terms of the scheme of the Central Government. Such exercise must be completed within a period of nine months from the date of receipt/ production of a copy of this order being accompanied with representation containing all other information and documents filed by the petitioners before the Special Director, Secondary Education. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/