IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12802 of 2009 JAI PRAKASH TRIPATHI . Versus THE STATE OF BIHAR & ORS . ----------- 2. 17.12.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for a direction to the Chairman, Sanskrit Shikcha Board, Patna to pass an order regarding absorption of the petitioner on the vacant post of Acharya or assistant as per the recommendation of the Managing Committee of the school and also for quashing the appointment of respondent No. 6, Nagesh Kumar Upadhyay who has illegally been appointed on the sanctioned post ignoring the claim of the petitioner. Further prayer is for a direction to make payment of salary to the petitioner. Supplementary affidavit has been filed by the petitioner annexing the recommendation of the Managing Committee made in favour of the petitioner and forwarded to the Chairman, Bihar Sanskrit Shikcha Board for passing necessary order. The recommendation had been made on 21/08/2008 and till date, no action has been taken by the respondent No. 2 on such recommendation of the Managing Committee. Counsel appearing for Bihar Sanskrit Shikcha Board has submitted that before giving approval to the absorption of the petitioner, the Chairman of the board will have to pass a reasoned order relating to the appointment of respondent No. 6 who was also 2 appointed by the same Managing Committee which has made recommendation in favour of the petitioner. Once the appointment of respondent No. 6 is quashed, the petitioner can be absorbed against that post. Whatsoever the matter, since the Chairman, Sanskrit Shikcha Board has to pass a reasoned and legal order on this issue and the matter is kept pending since 21.8.2008, it is essential that he should exercise his jurisdiction and pass a legal and reasoned order on this order. In case the recommendation made by the Managing Committee in favour of the petitioner is to be approved, it should be approved without making any further delay. The petitioner is also directed to file a representation before the Chairman, Sanskrit Shikcha Board within two weeks from today. The Chairman, thereafter, must take decision and pass a reasoned order within two weeks from the date of filing of the representation by the petitioner. This writ application is disposed of. AKV/ (Mridula Mishra, J.)