IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1127 of 2007 Kumari Madhuri Singh, wife of Ravi Ranjan Prasad Singh, resident of Village Salkhua, P.O. Aphar, P.S. Taraiya, Dist. Saran (Chapra), At + Present residing at Mohalla Mohan Nagar North of Bramhan School, P.S. Chapra Town , Chapra. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Department of Secondary Education, Govt. of Bihar, Patna. 3. Director, Secondary Educatin, Government of Bihar, Patna. 4. Special Secondary Minority School, Government of Bihar, Patna. 5. Bihar Staff Selection Commission through its Secretary, Government of Bihar, Patna. 6. District Education Officer, Saran, Chapra. --------- Respondents 1st Set 7. Mishri Lal Sah Arya Kenya High School through its Secretary, Saheb Ganj, Chapra. 8. Principal, Mishri Lal Sah Arya Kanya High School Sahebganj, Chapra. ------- Respondent 2nd Set --------- 3 22.7.2011 Heard learned counsel for the parties. Apparently, the petitioner’s grievance with regard to either appointment or approval of the service in a minority school would be firstly against the authority who had appointed her on the post of Physical Training Instructor (in short ‘PTI’). From the records, it is well established that even though the petitioner’s appointment was made against a non-existing post of PTI, the matter was brought to the notice of the District Education Officer, who in all fairness, being the Drawing and Disbursing Officer of the salary and emoluments of the 2 teachers of the minority school, was required to intimate the Managing Committee not to allow the continuance of the petitioner against an unsanctioned post of PTI. That having been not done, in any event will not bind the State for making payment of salary specially when the appointment of the petitioner also was never approved by the Vidyalaya Seva Board, which has now been substituted by the Staff Selection Board. It thus becomes clear that the dispute raised by the petitioner does not for the time being involve either the State or its agency including Staff Selection Board, inasmuch as, the petitioner has to overcome the main hurdle of validating her appointment from the Managing Committee of the private school, which is a minority declared school receiving only the aid from the State Government. The very fact that the petitioner in her last representation has accepted to be not working in the school since 2000, would also go a long way to show that the grievance raised by the petitioner in this writ application seeking direction for her approval of service by the Vidyalaya Seva 3 Board is based on her misconceived notion, inasmuch as, if there is no sanctioned post of PTI in the school, in question, there would be hardly any occasion either for the District Education Officer, Saran to make such a recommendation to Staff Selection Board for considering the case of the petitioner for approval or for the Board to accord approval of the service of the petitioner. That being so, this application is wholly misconceived and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)