IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 3300 of 2007 Yaduvansh Mani, son of Shri Ramjee Prasad, resident of village - Manpur, P S – Hilsa, District – Nalanda, at present working as Assistant Teacher in Arya Kanya Vidyalaya, Naya Tola, Patna - 4 - Petitioner Versus 1 The State of Bihar 2 The Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna 3 The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna 4 The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna 5 The Director, Secondary Education, Bihar, Patna 6 The District Education Officer, Patna - Respondents ----------- 8 16.05.2011 The petitioner’s grievance is as against Annexure-9, the order, as communicated by the Secretary, Staff Selection Commission, Patna dated 18.09.2006 by which the Commission has refused to accord approval of the appointment of the petitioner in the Arya Kanya Vidyalaya, Naya Tola, Patna. The facts are thus. Arya Kanya Vidyalaya, Naya Tola, Pata is a recognised minority institution giving a very limited right to the State to interfere in the Management of the said institution including appointment of Teachers in view of Article-30 of the Constitution. It appears that the Headmistress of the said School retired. The Governing Body took a decision that from amongst the Teachers of the School, one person should be elevated and appointed as the Headmaster/Headmistress. The said person having been moved, there was consequently a vacancy in the cadre of Teachers. This vacancy was duly advertised and petitioner was selected by the Governing Body. Upon this selection being made of the petitioner, through the District Education Officer, Patna, the Staff Selection Commission was informed for approval. By the impugned communication, as contained in Annexure-9, 2 the Commission has refused to accord approval on the ground that the position becoming vacant by virtue of superannuation of the Headmistress cannot be filled up by a Teacher. The appointment must be of the Headmaster/Headmistress. On the plain perusal of these proceedings, it is clear that there has been some serious confusion. No doubt that the vacancy was occasioned as a consequence of superannuation of the Headmistress because in the chain of events, as decided by the Governing Body, a Teacher was to be lifted and made the Headmaster/Headmistress, consequently the position of Headmaster/Headmistress was no more vacant and the position of vacancy came down to that of a Teacher. It is this position that was offered to the petitioner and petitioner was selected. The School, the District Education Officer would accordingly, send the matter clearly bringing out the aforesaid position and then seek approval from the Commission. It may be pointed out that the Commission has an extremely limited role and it cannot keep the matter pending. It has got to decide upon the same within one month of the receipt of the letter from the institution forwarded through the District Education Officer, Patna. In case it refuses to accord approval, it must disclose the reasons. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)