IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10750 of 2007 Md.Kamal Anwar, son of Md. Sharfuddin, resident of village + P.S. Sarmera, District Nalanda … Petitioner Versus 1. The State Of Bihar 2. Principal Secretary, Human Resources Development Department, Bihar, Patna 3. The Director, Secondary Education, Bihar, Patna 4. District Education Officer, Nalanda 5. Headmaster, Minority High School, Chakdin, Nalanda 6. Bihar Staff Selection Commission, through its Secretary, near Veterinary College, Patna-1 7. Chairman, Bihar Staff Selection Commission, near Veterinary College, patna-1 8. The Secretary, Bihar Staff Selection Commission, near Veterinary College, Patna-1 … Respondents ---------------------------------- 2. 21.10.2011 Heard counsel for the parties. The solitary grievance of the petitioner as with regard to his approval of appointment made by the Managing Committee of a minority School, namely, Chakdin High School, Chakdin, in the District of Nalanda is that even when he was appointed by the Managing Committee of the minority School in the prescribed manner by an order of appointment dated 24.4.1997 no final decision as with regard to grant of such approval was taken either by the Vidyalaya Sewa Board or its successor body, Staff Selection Commission till they remain empowered to give such approval. Counsel for the petitioner, however, has also drawn attention to a show cause notice issued by the Staff Selection Commission dated 28.6.2005, whereby and whereunder the Secretary of the Commission had directed the petitioner to submit a show cause reply as with regard to the allegation of obtaining appointment on the post of Assistant Teacher (Hindi) in the school 2 by playing fraud and producing forged document. Counsel for the petitioner submits that the petitioner had already filed its reply but no final decision was taken by the Staff Selection Commission till it was authorized to take such a decision. Counsel also submits that now such power of giving approval has been vested with the Director, Secondary Education. Counsel for the State and the Staff Selection Commission having filed no counter affidavit are not in a position to explain anything. Counsel for the Commission in fact has only submitted that now the records have been transferred by the Commission to the office of the Director, Secondary Education and as such, he cannot say as to whether any final decision was taken or not. In the considered opinion of this Court under section 18 of the Bihar Non-Government Secondary Schools (Management and Taking Over Control) Act, 1981 it is the statutory liability of the Government to take a decision as with regard to appointment made by the Managing Committee of a minority declared institution. Admittedly the issue of approval of service of the petitioner had remained pending before the Staff Selection Commission and therefore, if no decision has been taken as yet in a period of more than 15 years from the date of appointment of the petitioner, it does not auger well for the competent authority to keep the matter still pending. That being so, this Court would direct the Director, Secondary Education, to examine all aspects relating to 3 appointment of the petitioner as a teacher in the school and if he finds that the appointment of the petitioner was made in accordance with law and the prescribed Rules and Regulations, he would pass an order for approving the services of the petitioner. If, on the other hand, for any reason whatsoever including the reasons contained in the letter of the Secretary of the Staff Selection Commission dated 28.6.2005 (Annexure 12) he would find that the petitioner was not entitled for grant of such approval of service he would communicate it to the petitioner which of course must contain the reasons for such a decision. This exercise in any event must be completed by the Director, Secondary Education, within a period of six months from the date of receipt/ production of a copy of this order. Let it be made clear that this Court, however, has not expressed any opinion on the merits of the claim of the petitioner or for that purpose on the allegation that was brought against him in the letter of the Staff Selection Commission. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/