IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5278 of 2003 ANJU DEVI Wife of Late Amod Jha, resident of village Deep, P.S. Madhepura, District Madhubani, presently residing at Commercial Chowk, near Punjab National Bank, Laheriasarai, District Darbhanga. Versus 1.THE UNION OF INDIA, through the Secretary, Ministry of Human Resource Development, government of India, New Delhi. 2.The Joint Secretary (Languages) Ministry of Human Resources Development, government of India, New Delhi. 3.The Deputy Educational Advisor (Sanskrit Division), Ministry of Human Resources Development, government of India, Shashtri Bhawan, New Delhi. 4.The Director, Rashtriya Sanskrit Sansthan, 56-57, Institutional Area, Janakpuri, New Delhi. 5.The Deputy Director (Administration) 56-57, Institutional Area, Janakapuri, New delhi. 6.The Deputy Director, Finance, 56-57, Institutional Area, Janakpuri, New Delhi. 7.The Managing Committee, Annapurna Rajkumari Ganesh Sharma Kendriya Sanskrit Vidyapith, Kolhanta Patori, Darbhanga, through its Chairman Pandit Ganesh Sharma Kolhanta, Patori, P.s. Moro, District Darbhanga. 8.The Managing Committee, Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patori through its Chairman, Dr. Dhirendra Kumar Jha, Kolhanta Patori, P.S. Moro, district Darbhanga. 9.Dr. Dhirendra Kumar Jha, Chairman, managing Committee Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patori, Darbhanga, resident of Kathalwari near Durga Mandir, Laxmisagar, Sadhu Gachhi, Darbhanga. 10. Dr. Shashi Shekhar Narayan Sinha, Member of Managing Committee, Raj kumari Ganesh Sharma Sanskrit Vidyapith, kolhanta Patori, resident of Shekhar Sadan, Balbhadrapur, Laheriasarai, Darbhanga. 11.Dharmavir Singh Rajput, Deputy Director, Administratio, Rashtriya Sanskrit Sansthan, New Delhi and member of Managing Committee of Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patori, Darbhanga. 12.Pandit Ganesh Sharma, Member of Managing Committee, Rajkumari Ganesh sharma Sanskrit Kendriya Vidyapith, Kolhanta Patori, resident of village Kolhanta Patori, P.O. Moro, Darbhanga. 13.Principal, Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patori, Darbhanga. with CWJC No.6128 of 2003 2 PRAVEEN KUMAR ROY, S/o Late Ram Tanuk Roy, Resident of Village Papraur, P.S. Barauni, District Begusrai. Versus 1.THE UNION OF INDIA through the Secretary, Ministry of Human Resource Development Government of India, New Delhi. 2.The Joint Secretary (Languages) Ministry of Human resources Development, government of India, New Delhi. 3.The Deputy Educational Advisor, (Sanskrit Division) Education department, Ministry of Human Resources Development, Government of India, Shashtri Bhawan, New Delhi. 4.The Director, Rashtriya Sanskrit Sansthan, 56-57, Institutional Area, Janakapuri, New Delhi. 5.The Deputy Director (Administration), 56-57 Institutional Area, Janakpuri, New Delhi. 6.The Deputy Director, Finance, 56-57 Institutional Area, Janakpuri, New Delhi. 7.The Managing Committee, Annapurna Rajkumari Ganesh Sharma Kendriya Sanskrit Vidyapith, Kolhanta Patory Darbhanga, through its Chairman Pandit Ganesh Sharma Kolhanta Patory, P.s. Moro, District Darbhanga. 8.The Managing committee, Rajkumari Gansh Sharma Sanskrit Vidyapith, Kolhanta Patory, through its Chairman Dr. Dhirendra Kumar Jha, Kolhanta Patory, P.S. Moro, distt. Darbhanga. 9.Dr. Dhirendra Kumar Jha, Chairman, Managing committee Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patori, Darbhanga, resident of Kathalwari near Durga Mandir, Laxmi Sagar, sadhu Gachhi, Darbhanga. 10.Dr. Shashi Shekhar Narain Sinha, Member of Managing Committee, Raj Kumari Ganesh sharma Sanskrit Vidyapith, Kolhanta Patori, resident of shekhar Sadan, Balbhadrapur, Laheriasarai, Darbhanga. 11.Dharmavir Singh Rajput, Deputy Director, Administratio, Rastriya Sanskrit Sansthan, New Delhi and member of Managing Committee of Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta, Patori, Darbhanga. 12.Pandit Ganesh Sharma, Member of Managing Committee, Rajkumari Ganesh Sharma Sanskrit Vidyapith, Kolhanta Patory, resident of village Kolhanta Patory, P.O. Moro, Darbhanga. 13.Principal, Rajkumari Gansh Sharma Sanskrit Vidyapith, Kolhanta Patory, Darbhanga. ----------- 5 28.7.2010 Heard counsel for the parties. Both the writ applications relate to the same Educational Institutions and in fact have also a common prayer confined to payment of salary and as such they have been heard 3 together and are being disposed of by this common order. Prayer of petitioners, in both the writ applications read as follows:- In C.W.J.C. No.5278 of 2003. “That this petition of the petitioner is being filed for issuance of writ of appropriate nature, order or direction commanding Respondents to pay monthly salary to the petitioner, illegally withheld without any proper cause, notice or intimation since April, 2002 and for direction to pay the entire arrears along with penal interest, cost and compensation. The petitioner also craves for an order/ direction to the Respondents to treat him a confirmed employee of the Vidyapith, and in the alternative a direction may be issued to the Respondent No.1 to 6 approving the petitioner’s appointment which was made by the Representative of Rashtriya Sanskrit Sansthan and the Managing committee of the Vidyapith.” In C.W.J.C. No.6128 of 2003. “That this petition of the petitioner is being filed for issuance of writ of appropriate nature, order or direction commanding Respondents to pay monthly salary of the petitioner illegally withheld without any proper cause, notice or intimation since April, 2002, and for direction to pay the entire arrears along with penal interest, cost and compensation. The petitioner also crave for an order/direction to the Respondents to treat him a confirmed employee of the Vidyapith, and in the alternative a direction may be issued to the Respondents no. 1 to 6 approving the petitioners appointment which was made by the Representative of Rastriya Sanskrit Sansthan and the managing committee of the Vidyapith after following due process of selection.” Counsel for the petitioners would submit that even if appointment of the petitioners was made by the Managing Committee a private body, such appointment being against the sanctioned post, both the Government of India and the Rastriya Sanskrit Sansthan to which their institution was validly 4 recognized, was bound to recognize the services of the petitioners and also liable to make payment of their salary, which was in fact withheld by them for no justifiable reasons. In this context, it has also been submitted that Anju Devi (petitioner in C.W.J.C. No.5278 of 2003) was appointed on compassionate ground on the post of Typist and Praveen Kumar Roy (petitioner in C.W.J.C. No.6128 of 2002) was appointed on the post of Choukidar by the Managing Committee by following the prescribed procedure and therefore the recognizing body like Rashtriya Sanskrit Sansthan cannot interfere with the internal functioning of the Managing Committee. Learned counsel appearing on behalf of the Managing Committee and learned counsel appearing on behalf of Rashtriya Sanskrit Sansthan as also Union of India would submit that the posts on which the petitioners were appointed were not sanctioned post by the Sansthan and the liability for payment of salary by Sansthan was confined to only such employees of the recognized institution whose services are also approved by the Sansthan. Since services of none of the petitioners had been approved by the Sansthan it had issued an order refusing payment of salary to the petitioners, whereafter the Managing Committee of the Institution had passed consequential order on 10.12.2003 vide Annexure-F refusing payment of salary. In the opinion of this Court, whenever a private institution is recognized also with the benefit of payment of salary, 5 the recognizing body, in this case Rashtriya Sanskrit Sansthan, will always have power to look into the manner of appointment for making payment of salary. Such recognizing body like Sansthan will also be justified in giving into the issue of staffing pattern and availability of sanctioned posts. Therefore, only because the appointment has been made by the Managing Committee, the person concerned does not become automatically entitled for payment of salary unless his services is also approved by the recognizing body, namely, Sansthan. Once this aspect is clear, this Court would find it difficult to issue a direction for payment of salary to the petitioners, inasmuch as, there is a clear finding of the Managing Committee recorded in the order dated 10.12.2003 that neither there was any sanctioned post nor procedure of appointment as laid down was followed by the then Principal, who in fact having been found to have made a large number of illegal appointment, was himself subjected to a disciplinary proceeding by placing him under suspension followed by his subsequent removal from service. In that view of the matter, lis now remains between the petitioners and the Managing Committee which is a private body against whom no writ can be issued. If the petitioners so chooses they can definitely seek damages or other remedy as is available to them by filing a Civil suit specially when they have also not assailed correctness of order contained in Annexure-F passed by 6 the Managing Committee till date despite service of copy of the counter affidavit on them way back in the month of December, 2002. That being so, these applications are wholly misconceived and are accordingly dismissed Abhay Kumar ( Mihir Kumar Jha, J.)