IN THE HIGH COURT OF JUDICATURE AT PATNA. CWJC NO.7729 OF 1998 1.RAM PRASAD KAMATI, S/O PARICHHAN KAMATI, R/O VILLAGE AND POST DEEP, VIA JHANJHARPUR, DISTRICT MADHUBANI AT PRESENT WORKING AS AN ASSISTANT TEACHER IN PRATHMIK UNIT OF DEV DHIRA SANSKRIT HIGH SCHOOL, DEEP JHANJHARPUR, DISTRICT MADHUBANI. 2.RAM ASHISH CHAUDHARY, S/O DEO NATH CHOUDHARY, R/O VILLAGE AND POST DEEP, VIA JHANJHARPUR, DISTRICT MADHUBANI AT PRESENT WORKING AS AN ASSISTANT TEACHER IN PRATHMIK UNIT OF DEV DHEERA SANSKRIT HIGH SCHOOL, DEEP, JHANJHARPUR(MADHUBANI). …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIATE, PATNA. 3.THE ADDITIONAL SECRETARY, GOVT. OF BIHAR,HUMAN RESOURCES DEVELOPMENT DEPARTMENT (SECONDARY, PRIMARY AND ADULT EDUCATION), NEW SECRETARIATE,PATNA. 4.THE SPECIAL DIRECTOR, SECONDARY CUM SANSKRIT EDUCATION, NEW SECRETARIAT, PATNA. 5.THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 6.THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. ………………………RESPONDENTS. ----------- 05/ 19.08.2011 Having perused the record of this case as with regard to the following relief:- “I. For issuance of a writ in the nature of a writ of certiorari for quashing the letter bearing memo no. 1056/1155 dated 21.12.1995/ 22.12.1995(issued by the additional Secretary, Govt. of Bihar (Annexure-6) (Secondary Cum Sanskrit Education)by 2 which the two teaching units sanctioned for the petitioner’s school for prathmik section alongwith other schools being 120 Primary units for 60 Sanskrit Schools vide departmental letterno. 957 dated 18.11.1989 has been ordered/mentioned to be deemed to have been automatically cancelled retrospectively since 18.11.1989 i.e. since the date of the promulgation of the ordinance no. 32 of 1989 which is illegal, unjustified and against the principles of law. II. For issuance of a writ in the nature of a writ of mandamus, commanding and directing the respondents to make payment of salary to the petitioner who are duly approved teachers in Prathmik section of the School working against the sanctioned units, with effect from 18.11.1989i.e. the date of the sanction of the two units for the aforesaid school vide letter no. 957 dated 18.11.1989 as held in the judgment passed in C.W.J.C NO.9279/1994 allowed vide order dated 22.09.1995 by this Hon’ble Court. III. For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondents not to exercise his power arbitrarily and discriminatory and to exercise the power reasonably in accordance with law. all that can be held now is that after the expiry of the ordinance taking over 429 Sanskrit Schools on 30.04.1992, there would be no question of restricting the number of sanctioned post as provided in the ordinance. The posts which were already existing on 18.12.1999 shall be deemed to have again revived after expiry 3 of the ordinance. The question regarding the continuation of the petitioners against the post of Primary Unit for which sanction was accorded by the State Government on 18.11.1989 and consequential payment of salary will have to be reconsidered by the Bihar Sanskrit Shiksha Board. If the Board would find that the post of Primary Unit as sanctioned by the State Government is still existing and the petitioners qualify for approval of their service, it would take an appropriate decision. The payment of salary, however, on account of such approval will be made only w.e.f. the date the Board would accord such approval to the service of the petitioner. The petitioners, therefore, may file their self contained representation to the Secretary of the Board for approval of their service and a decision of the Board in this regard must be taken within a period of six months from the date of filing of such representation by the petitioner enclosing a copy of this order. It goes without saying that if the 4 petitioners are found entitled for any financial benefit that would also be extended to them within a period of three months of passing of such order by the Board. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)