IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17590 of 2010 1. ANUPAMA MOHAN D/O LATE SRI LALIT MOHAN PRASAD ASSISTANT TEACHER, RABINDRA BALIKA UCHA VIDYALAYA, RAJENDRA NAGAR, ROAD O. 2-B, PATNA, R/O K-167, HANUMAN NAGAR, P.S.- PATRAKAR NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAVAN, PATNA 2. THE DIRECTOR (SECONDARY EDUCATION) HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 3. THE CHAIRMAN THE STAFF SELECTION COMMISSION, POST- VETERINARY COLLEGE, PATNA 4. THE SECRETARY THE STAFF SELECTION COMMISSION, POST- VETERINARY COLLEGE, PATNA 5. THE SECRETARY MANAGING COMMITTEE OF RABINDRA BALIKA VIDYALAYA, PATNA ----------- 03. 13.4.2011 Heard counsel for the petitioner, counsel for the Managing Committee and counsel for the Staff Selection Commission as well as counsel for the State. Petitioner has been compelled to file the present writ application for quashing the order dated 18.9.2006 which has been passed by the Secretary of the Staff Selection Commission, Patna, by virtue of which the Commission has rejected the request of the Managing Committee of Rabindra Balika Uchcha Vidyalaya, Rajendra Nagar, Patna (a minority institution) for sanction of appointment of the petitioner on the post of a Science Teacher cum Physical Training Teacher. Stand of both the petitioner as well as Managing Committee is that recommendation was made by the Managing Committee for appointment of the petitioner as a Science 2 Teacher though in terms of the advertisement contained in Annexure-2 preference was to be given for such people who had additional qualification of diploma in physical training but it does not mean that appointment was on the post of a physical training teacher. This advertisement was issued by the Managing Committee with the object of utilizing the services of the teacher in addition to main responsibility of imparting knowledge in science. However, Staff Selection Commission taking a hyper technicality of the view turned down the request stating that there is no post of physical training teacher nor does the petitioner has requisite qualification for such appointment. Obviously the staff selection commission has a myopic view and they have not gone by the recommendation made by the Managing Committee. If the stand of the Managing Committee, which is corroborated by the stand taken by the State, as well as the vacancy existing in the school is seen, it is of a science teacher and that is what the Managing Committee wants. It is none of the business of the Bihar State Staff Selection Commission to reject the claim of the petitioner for the reasons indicated in Annexure-1. Anneuxre-1 is quashed. Writ application is allowed. Direction is issued upon the Secretary of Staff Selection Commission (Respondent No.4) that steps have to be taken for approval of the services of the petitioner treating her to be a science teacher and the other aspect with regard to physical 3 training teacher is an internal affairs of the school and Staff Selection Commission has nothing to do on that score. The Court expects the necessary orders to be communicated to the Managing Committee within a period of four weeks from the date of production of a copy of this order. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)