IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.772 of 1999 VIJAY NARAYAN MISHRA S/o Sri Sukhdeo Mishra, resident of Village- Nirmali, P.S.- Balua Bazar District –Saharsa at present Secretary, Basudeo Prathmik Sah Madhya Sanskrit school, Kushhar (Tulsi Path) District- Supaul Versus 1. THE STATE OF BIHAR 2. The Special Director, Secondary Education, Bihar, Patna 3. The Chairman, Bihar Sanskrti Shiksha Board, Patna 4. The Secretary, Bihar Sanskrti Shiksha Board, Patna 5. Krityanand Mishra S/o Sri Jai Krishna Mishra, resident of village and P.O- Balua Bazar P.S. Balua Bazar District Supaul 6. Ram Chandra Jha S/o Sri Jagarnath Jha, resident of village Nath Patil P.O- Balua Bazar P.S. Balua Bazar District Supaul 7. Ram Deo Sharma S/o Late Raghunandan Sharma, resident of village Kushhar P.O- Balua Bazar P.S. Balua Bazar District Supaul 8. Narendra Jha, S/o Sri Jiwach Lal Jha, resident of village- Jainagar P.O- Jainagar, P.S.- Bhargama District Araria 9. Ram Narayan Jha S/o Late Basudeo Jha, resident of village P.O- Madhubani, District Supaul 10. Mukund Kumar, S/o name not known to the petitioner, resident of village and P.O.- Kumar Bajit Pur District Vaishali 11. Smt. Mamta Kumari, W/o Sri Upendra Prasad, resident of South Kankarbagh Colony, P.S.- Kankarbagh, District Patna. ----------- 5 13-02-2009 Heard learned counsel for the appellant and learned counsel for the State. According to learned counsel for the appellant in the matters of appointment and approval of teachers and staff, the Sanskrit Shiksha Board (hereinafter referred to as the Board) alone has necessary legal competence and not the Chairman. It was further submitted that the concurrent finding of facts of the Chairman of the said Board and the Special Director recognizing the rival of the appellant as Secretary of the school amounts to interference in the matter of appointment or recognition of the teachers and staff. We are not in agreement with the aforesaid submission. The Chairman of the Board and the Special Director have to deal with - 2 - matters of the school only through the real Secretary and hence, the finding of fact given by them as to who is the real Secretary is an exercise of ancillary power to deal with the affairs of the school through the competent Secretary. The matter does not relate to appointment or approval of teachers and staff. We find no merit in the appeal. It is, accordingly, dismissed. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)