IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5271 of 1997 1. THE MANAGING COMMITTEE OF DR.RAMJEE MEHTA SANSKRIT MAHAVIDYALAYA, through Secretary, Urmila Mehta, Mali Ghat, Muzaffarpur 2. Urmila Mehta, Secretary, Dr. Ramjee Mehta Sanskrit Mahavidyalaya, Mali Ghat, Muzaffarpur 3. Dr. Arvind Mehta Jalwi, son of late Dr. Ramjee Mehtha Jalwi at present Principal, Dr. Ramjee Mehtha Sanskrit Mahavidyalaya, Mali Ghat, Muzaffarpur … Petitioners Versus 1. UNION OF INDIA, through the Secretary, Ministry of Human Resources Development, Govt. of India, New Delhi 2. Secretary, Ministry of Human Resources Development, Govt. of India, New Delhi 3. Director, Rashtriya Sanskrit Sansthan, 56-57 Institutional Area, Janakpuri, New Delhi- 110058 4. Deputy Director, Finance, Rashtriya Sanskrit Sansthan, 56-57 Institutional Area, Janakpuri, New Delhi- 110058 5. State of Bihar, through Secretary, Department of Human Resources, Govt. of Bihar, Patna 6. Sri Birendra Jha, In-charge Principal, Dr. Ramjee Mehta Sanskrit Mahavidyalya, Malighat, Muzaffarpur 7. Dr. Satish Chandra Jha, Head of the Department of Sanskrit, Bhima Rao Ambedkar Bihar University, Muzaffarpur … Respondents. ----------- 24. 13.7.2010 No one appears for the petitioners. Counsel for Union of India and the counsel for the State as also counsel for respondents no. 6 and 7 are present. The prayer of the petitioners in this writ application reads as follows: “This writ petition is for issuance of appropriate writ/writs/order/ orders/ direction/directions to the 2 respondents to grant absorption to the petitioner no.3 as Principal of Dr. Ramjee Mehta Sanskrit Mahavidyalaya, Mali Ghat, Muzaffarpur, the post to which he is working since 1986 till date and by the office order dated 2.5.1997 as contained in Annexure 12 has not been absorbed as Principal of the said College along with others who were similarly situated. The absorption is sequel to reorganization of the College as an “Adarsh Sanskrit Mahavidyalaya” under the scheme of “Financial Assistance to Institution” recognized as Adarsh Sanskrit Mahavidyalaya/ Shodh Sansthan, by Rashtriya Sanskrit Sansthan established under the Ministry of Human Resources, Govt. of India.” As it would be apparent from the aforesaid prayer in the writ application it basically concerns only petitioner no.3 who seeks a direction from this Court for his being considered for the post of Principal. In that context the Rastriya Sanskrit Sansthan in its counter affidavit in paragraph 11 has taken a clear and categorical stand which is quoted hereinbelow: 3 “11. With regard to the statement made in para 15 and 16 of the writ application it is stated that the case of the petitioner no.3 along with others have been considered by the Screening Committee for absorption. The Screening Committee found that the petitioner is a permanent employee of the State Government working as Headmaster in Government School in the pay scale of Rs. 1400-2600. The Screening Committee has also found that the petitioner no.3 did not fulfil the requisite qualification of the post of Principal in the scale of Rs. 3700-5700.” In the opinion of this Court such consideration of the petitioner no.3 having been made and rejected by the Rashtriya Sanskrit Sansthan, there would be no scope for this Court to sit in appeal over such decision, specially when there is no error in the decision making process inasmuch as the petitioner no.3 cannot claim his simultaneous working and salary both from the Government school and also in a Sanskrit College. In fact the petitioner no.3 being a permanent Government servant has already been admitted by him in paragraph 17 of the 4 writ application which reads as follows: “17. To earn his own livelihood he had joined the service of a teacher in Government Primary School in the year 1975 and in the year 1994 became Incharge Headmaster have been getting his salary from the said services. The College courses were scheduled to run from 5.45 A.M. to 10.45 A.M., the school where he worked had the timing of 11 A.M. to 4.30 P.M. which is situated at a distance of 5 K.M. and thus there was never been any hindrance in discharging his duty in the College.” Once this aspect of the matter would become clear that the petitioner was already a permanent Government servant, there would be no question of his being appointed afresh or absorbed on another permanent post of Principal in a Sanskrit College in which payment of salary has to be made from the Government fund. Such admission on the part of the petitioner no.3 of his being employed on two posts simultaneously would make him answerable for violation of the provisions of Bihar Government Service Conduct Rules, 1976 which clearly prohibits a Government servant to be 5 employed for gain in any other post. Be that as it may, this Court would not find any merit in this application in view of the fact that the petitioner no.3 was/is a permanent Government servant since 1975 working in a Government Middle School and therefore, was disqualified to claim absorption in the Sanskrit College in question in 1997. That apart once the respondents have come out with a clear case that petitioner no.3 also did not possess the requisite qualification that must bring an end to the claim of the petitioners for absorption in the post of Principal in the Sanskrit College in question. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/