IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.751 of 2008 1. RAM PRAVESH PANDEY S/O RAM SINGHASAN PANDEY, RESIDENT OF VILLAGE ETHANI, P.S. DINARA, DISTRICT - ROHTAS 2. GOBARDHAN KUMAR S/O SHEO KUMAR LAL SRIVASTAVA, RESIDENT OF VILLAGE BHANJPUR, P.S. DINARA, DISTRICT – ROHTAS ----- APPELLANTS Versus 1. THE BIHAR SANSKRIT SHIKSHA BOARD THROUGH ITS SECRETARY, BOARING CANAL ROAD, PATNA. 2. SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, BOARING CANAL ROAD, PATNA 3. THE HEADMASTER, BALDEO SANSKRIT UACCHA VIDYALAYA, DINARA, ROHTAS ------ RESPONDENTS ----------- For the appellants: Mr. Gajendra Kumar Jha, Advocate For the BSS Board : Mr. Tej Bahadur Singh, Sr. Advocate Mr. Gyan Shankar, Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 10th November, 2008 At the outset, the counsel for the appellants submitted that he has instructions not to press the appeal on behalf of appellant no.1. We accept his statement and dismiss the appeal in so far as appellant no.1 is concerned as not pressed. 2. The consequence of dismissal of appeal as not pressed at the instance of appellant no.1 is that the appeal at the instance of appellant no.2 must also fail. It is because, non-approval granted by the Board to the service of appellant no.1 as assistant 2 teacher would lead to his reversion to the position of clerk. Once he is reverted to the position of the clerk, obviously, there will be no vacancy for the post of clerk and, therefore, there is no question of approval of the service of appellant no.2 as clerk. 3. Seen thus, the appeal in its entirety deserves to be dismissed and is dismissed. R .M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-