IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 8291 of 2002 1. Tilakdhari Pandey, Son of Shri Bhimsen Pandey, Resident of Village Simri, Ramopatti, P.S. Simri, District Buxar, at present posted as Science Teacher at Pandit Bhagwan Dutt Mishra Balika Primary-cum-High Court Schhol, Ramopatti, Simri Buxar. 2. Santosh Kumar Rai, Son of Sri Rajdeo Rai,Resident of Village Kamalpura, P.S. Gajipur (U.P.) at present posted as Science Teacher, in Pandit Ramewatar Ramsubhag, Primary-cum-Middle Sanskrit School, Khaire, District-Buxar. 3. Arbind Kumar Pandey, Son of Sri Arjun Pandey, Resident of Village Simri, P.S. Simri, District Buxar, at present posted as Science Teacher at Bishnu Dipan Sanskrit Primary-cum-Middle School, Simri, Buxar. 4. Shivjee Yadav, Son of Sri Jagjitan Yadav, Resident of Village P.O. Nagpura, District Buxar, at present posted as Science Teacher at Bhairav Sanskrit Primary-cum-Middle School, Giridhar Baraw, District Buxar. 5. Sanjay Kumar Rai, Son of Sri Jay Narayan Rai, Resident of Village Keshopur, P.S. Simri, District Buxar, at present posted as Science Teacher at Kashyap Ganga Dayal Sanskrit Primary cum Middle School, Bankat, Sikariya, Bhojpur. 6. Kumari Shishu Pandey, D/o Sri Bhimsen Pandey, Resident of Village Simri, Ramopatti, P.S. Simri, District Buxar, at present posted as Science Teacher at Bishnu Dipan Sanskrit Primary cum Middle Balika School, Simri, Buxar. 7. Hiralal Rai, Son of Sri Raj Narayan Rai, Resident of Village Manipur, P.O. Keshopur, P.S. Simri, District Buxar, at present posted Science Teacher at Keshyap Gangadayal Sanskrit High School, Pandey Chawani, Sikariya, District Bhojpur. ---------- Petitioners Versus 1. The State of Bihar. 2. Commissioner-cum-Secretary (Primary, Secondary & Mass) Education, Vikash Bhawan, Patna. 3. Special Director, Secondary Education, Vikash Bhawan, Patna. 4. Chairman, Bihar Sanskrit Siksha Board, Patna. 5. Secretary, Bihar Sanskrit Siksha Board, Patna. 6. Secretary of all the School mentioned in Sl. No. 1 to 7. -------- Respondents ----------- 5 21.06.2010 Heard Mr. Ganesh Prasad Singh, learned counsel for the petitioner and counsel for the Board. The prayer of the petitioners in this 2 writ application reads as follows:- “1. That this is an application for issuance of a writ in the nature of certiorari to quash the letter No. 10/A-1- 01/2001-316 dated 19.6.2002 “Parishist Kha” regarding petitioners, issued under the signature of Special Director (Secondary Education) Bihar, Patna, whereby and whereunder the proposal of payment of salary of the petitioners have been rejected disclosing the reason that the due selection process has not been followed in the matter of appointment of petitioners and for a consequential writ in the nature of mandamus commanding and directing the respondents to make payment of salary to the petitioners and/or for issuance of any other writ/writs, order/orders, direction/directions for which the petitioners are legally entitled to.” Learned counsel for the petitioners would submit that when the Government of India had sanctioned schemes as also the post of Science Teachers for recognized schools, the decision of the Government to allow payment of salary only in respect of 86 of such schools and reject the same in respect of the remaining 159 schools including the school of the petitioners, is wholly arbitrary. He would also submit that the appointments of the petitioners were made in a valid manner by 3 undergoing the procedure of issuance of advertisement in a newspaper followed by selection made by the Managing Committee of the schools. Learned counsel for the Board, who has not filed any counter affidavit, would however submit that the question of payment of salary from the funds made available by the State Government to the recognized schools of the Board, can only arise if such appointment is made in accordance with the procedure prescribed under the Rules. He would in this regard make it clear that payment of salary which was being made through the aegis of the Board, now has been sought to be made through the District Education Officer but nonetheless, even the District Education Officer can make the payment of salary only of such teachers, whose services have been approved by the Board. The payment of salary can only be made if such appointment made by the Managing Committee receives approval of the Board which has to examine as to whether the prescribed procedure has been followed and the rules and regulations have been complied 4 by a recognized Sanskrit school in terms of Section 6(2) of the Bihar Sanskrit Siksha Board Act (hereinafter to be referred to as ‘the Act). In the opinion of this Court, every recognized intuitions must fulfil the terms and conditions for seeking approval of appointment of the teachers in a recognized school. Admittedly, the petitioners are working in a recognized Sanskrit school and their appointment till date has not been approved by the Board. The petitioners’ claim for payment of salary for the work done can still be enforced as against the Managing Committee of the school in which they are working, but if the petitioners want the salary from the fund of the Government, they will have to comply the rules and regulations of the Government and the Board. As noted above, the services of none of these petitioners have approved by the Board and therefore, at least writ of mandamus for payment of salary cannot lie against the Board and/or State Government. The second part of submission of Mr. 5 Singh that even those teachers who have been paid their salary in terms of the impugned order, for them also, there was no approval of the Board. In the opinion of this Court, this question could have been gone into if the persons concerned had been made party to the writ application and a clear averment to this effect had also been made in the writ application. In this respect, it is however found that not a word has been stated about those 86 Science Teachers whose payment of salary has been made nor any plea of discrimination has been even remotely referred to much less raised. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)