IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7205 of 2010 SUSHILA PANDAY W/O SRI SANTOSH KUMAR PANDAY @ BABRA R/O QUARTER NO. D/77, DALMIYANAGAR, P.S. DEHRI, DISTT.- ROHTAS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, BAILEY ROAD, PATNA 3. THE SPECIAL DIRECTOR (SECONDARY EDUCATION), NEW SECRETARIATE, BAILEY ROAD, PATNA 4. THE BIHAR SANSKRIT SHIKSHA BOARD, BIHAR, PATNA, THROUGH ITS SECRETARY 5. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, BIHAR, PATNA 6. THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD BIHAR, PATNA 7. DIGVIJAY DUBEY S/O PARMANAND DUBEY R/O PURBI MOHAN BIGHA, BYAPAR MANDAL ROAD, P.S. DEHRI, P.O. DALMIYANAGAR, DEHRI ON SONE, DISTT.- ROHTAS ----------- For the petitioner : M/S. Yugal Kishore, Sr. Advocate, Indu Shekhar Dwivedi, Nutan Sahay and Sanjay Kumar. For the State : Mr. Shashi Bhushan Kumar, SC 16. For the Board : M/S. A P Sinha and Surendra Kumar. For respondent no.7: M/S. Rajendra Prasad Singh, Sr. Advocate and Nawal Kishore Singh. ------- 03. 02.12.2010 This is a writ filed on behalf of the petitioner besides other things staying the operation of the order dated 30th March, 2010 passed by the Special Director, Secondary Education, Government of Bihar. The matter relates to dispute between two parties as to who shall be the Headmaster of the School in question. Chairman of the Sanskrit Shiksha Board has declared the present petitioner namely, Sushila Panday to be competent and fit to hold that post. However, that issue became a subject matter of challenge in CWJC No. 5689 of 2009, filed by Digvijay Dubey. An I.A. No. 1281 of 2010 filed in that writ application was heard on 11.2.2010. In the writ filed by Digvijay Dubey, a prayer was made to stay the operation of the order of the 2 Chairman but the Court did not pass any order and directed listing the matter for admission in the original place. The petitioner having failed to obtain any decisive order by the High Court approached the Special Director, Secondary Education, who passed an interim order of stay on 30th March, 2010. On the face of record, the Court must record that the conduct of the petitioner namely Digvijay Dubey in moving the Special Director when his writ was still pending consideration and when no leave of the Court was obtained, was not correct and proper. I do not want to investigate whether all these facts were pointed out to the Special Director that the High Court was already in seisin of the matter and therefore, there was no occasion for the Special Director to conduct a separate parallel proceeding in this regard. The entire order passed by the Special Director on 30.3.2010 is hereby quashed and in fact he may not be required to conduct any proceeding in Appeal No. 5 of 2010 in view of the fact that the Court is going to decide the merit of the matter in the case of Digvijay Dubey. So far as the present writ is concerned, it is allowed to the extent indicated above. rkp ( Ajay Kumar Tripathi, J.)