IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.145 of 2003 AKHILESH KUMAR, son of Shri Parmanand Prasad, resident of village Sujampur, P.O. Mauzaha, P.S. Kishanganj, District Supaul, at present Assistant Science Teacher in Public Primary cum Middle Sanskrit School, Sujanpur, Supaul … Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner cum Secretary (Primary, Secondary Mass) Education, Bihar 3. Special Director, Secondary Education, Vikash Bhavan, Bihar, Patna 4. Chairman, Bihar Sanskrit Siksha Board, Patna 5. Secretary, Bihar Sanskrit Shiksha Board, Patna 6. Bindeshwari Sah, son of Sri Kesho Sah @ Kesho Lal Sah, resident of village Pirganj, Tola Teliyari, P.S. Kishanpur, P.O. Narhi, District Supaul 7. Headmaster, Mahanth Dahaur Das Kabir Sanskrit High School, Telwa Mahishi (Saharasha) … Respondents ----------- 3. 23.7.2010 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of a writ in the nature of certiorari to quash the letter no. 10/A-1-01/2001-316 dated 19.6.2002 “Parishist Ka” regarding respondent no.6, placed at serial no.44 of the selected list, whereby and whereunder inspite of recommendation of Managing Committee, petitioner was not appointed and in his place, respondent no.6 appointed as Science teacher, who has not requisite ability/ qualification for appointment on that post and 2 for a consequential writ in the nature of mandamus commanding and directing the respondents to not made payment in favour of respondent no.6 and consider the case for appointment to the petitioner to that post whose name recommended by the Secretary, of managing Committee of that school and/or for issuance of any other writ/writs, order/order/orders, direction/directions for which the petitioner is legality entitled.” With reference to the aforementioned order learned counsel for the petitioner would submit that the decision taken by the Special Director, Secondary Education, Govt. of Bihar, with regard to approving the services of respondent no.6, Bindeshwari Sah as against the post of Science teacher in Mahanth Dahaur Das Kabir Sanskrit High School is apparently incorrect and illegal, inasmuch as the Managing Committee had appointed the petitioner against the post of Science teacher. In this context he would also refer to certain resolutions of the Managing Committee. Counsel for the Board in fact would submit that the Board had got nothing to do 3 in this case, inasmuch as it was for the Government to approve the services of teachers against the post of Science teacher under the special Scheme sponsored by the Govt. of India and such decision of the State Government was taken without any reference or making consultation with the authorities of the Board. Counsel for the State has not filed any counter affidavit and in fact has got no explanation. Under such circumstances, there can be only two remedies for the petitioners either to file a suit for seeking declaration to justification of his appointment on the post of Sanskrit teacher made by the Managing Committee of a private recognized Sanskrit school or to approach the same authority who had approved the services of respondent no.6 allegedly ignoring the claim of the petitioner. This Court, however, would make it clear that in the event the petitioner chooses to represent his case before the Special Director, Secondary Education, for assailing the approval given to respondent 4 no.6, the authority after making enquiry and giving opportunity of hearing to the Managing Committee as also respondent no.6 would pass final order strictly in accordance with law and in terms of the scheme of the Central Government. Such exercise must be completed within a period of nine months from the date of receipt/ production of a copy of this order being accompanied with representation containing all other information and documents filed by the petitioner before the Special Director, Secondary Education. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/