IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18489 of 2010 1. ABDUL NOOR S/O LATE ABDUL AZIZ R/O VILL.- JHUMKA, P.S.- SIKTA, DISTT.- WEST CHAMPARAN 2. MOHD. KALIMULLAH S/O SHAFI AHAMD R/O VILL.- DARGAHI, P.S.- SIKTA, DISTT.- WEST CHAMPARAN 3. MOHD. HASMUDDIN S/O ASS MOHAMMAD R/O VILL.- JHUMKA, P.S.- GOPALPUR, DISTT.- WEST CHAMPARAN 4. SAGHIR AHMAD S/O SK. MD. JAMADAR R/O VILL.- MAHMADEWA, P.S.- SIKTA, DISTT.- WEST CHAMPARAN 5. MAHFOOZUR RAHMAN S/O MOHD. YOUNUS R/O VILL.- BEHRA, P.S.- SIKTA, DISTT.- WEST CHAMPARAN 6. NOORUL AAIN S/O MD. UMAR R/O VILL.- LALPARSA, P.S.- SIKTA, DISTT.- WEST CHAMPARAN--------------------------------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT EDUCATION OFFICER (D.E.O.), WEST CHAMPARAN AT BETTIAH--------------------------------------------------------------------RESPONDENTS ----------- For the Petitioners :Mr.Wasi Ahmad Khan, Advocate ------ 2. 20.6.2011 Heard learned counsel for the petitioners. The six petitioners had earlier approached this Court by filing C.W.J.C.No. 8507 of 2010 in which the grievance was that although they have been appointed as Teachers in the Madarsa Darassalam Sikta, West Champaran by the Managing Committee, but the Madarsa Board to which their names were sent for approval is not granting approval which is the statutory duty of the Madarsa Board. Accordingly, this Court by order dated 28.7.2010 directed the Chairman, Bihar Madarsa Board to pass appropriate orders in the case of the petitioners within one month. It is admitted by learned counsel for the petitioners that no such 2 order granting or refusing approval has been passed by the Chairman, Madarsa Board. Yet the petitioners have now approached this Court for a direction to the District Education Officer to fix the salary of the petitioners and make payment of the arrears of salary as also the current salary. This Court is of the view that until the passing of the appropriate orders in terms of the earlier direction obtained by the petitioners, it is not open to them to again approach this Court for a direction as sought in the present writ petition. Learned counsel for the petitioners now submits that there is no such statutory requirement of the Madarsa Board to grant approval in the matter. In view of the stand taken by the petitioners in the earlier writ petition, learned counsel for the petitioners is estopped from making such plea in the present writ petition. The writ application thus appears to be premature and it is, accordingly, dismissed. (Ramesh Kumar Datta,J.) Spal/