IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1380 of 2010 1. MOST. PRAMLATA DEVI W/O LATE SACHIDANAND CHOUDHARY R/O VILL.- MAHESHI, P.S.- SULTANGANJ, DISTT.- BHAGALPUR, PRESENTLY POSTED AS AN ASSISTANT TEACHER IN VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM HIGH SCHOOL SADHNA SADAN, SULTANGANJ, P.S. SULTANGANJ, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. SRI ANJANI KUMAR SINHA, THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 3. SRI DHANANJAY KUMAR, THE THEN DIRECTOR PRIMARY, SECONDARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA 4. SRI OM PRAKASH SHUKLA, THE SECRETARY BIHAR SANSKRIT EDUCATION BOARD, PATNA 5. SRI SIDHESHWAR PRASAD, THE CHAIRMAN BIHAR SANSKRIT EDUCATION BOARD, PATNA 6. SRI MADHUSUDAN PASWAN, THE DISTRICT EDUCATION OFFICER, BHAGALPUR 7. SRI ACHAL KUMAR JHA S/O LATE TARANI JHA THE SECRETARY, MANAGING COMMITTEE OF VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM SANSKRIT HIGH SCHOOL, SADHAN SADAN, SULTANGANJ, BHAGALPUR 8. SRI GOVINDCHANDRA JHA S/O DINAMBER JHA THE HEADMASTER, VIKRAMSHILA VAIDIK SANSKRIT PRIMARY CUM HIGH SCHOOL SADHANA SADAN, SULTANGANJ, BHAGALPUR with C. REV. No.35 of 2010 1. MANAGING COMMITEE OF VIKRAMSHILA VADIK SANSKRIT HIGH SCHOOL SULTANGANJ, DISTRICT BHAGALPUR THROUGH ITS SECRETARY, SRI ACHAL KUMAR JHA, S/O LATE TARNI JHA, R/O SULTANGANJ, P.S SULTANGANJ, DISTT- BHAGALPUR 2. GOVIND CHANDRA JHA S/O LATE DINAMBER JHA R/O SULTANGANJ, P.S SULTANGANJ, DISTT- BHAGALPUR, AT PRESNET HOLDING THE POST OF HEADMASTER, OF VIKRAMSHILA VADIK SANSKRIT HIGH SCHOOL, SULTANGANJ, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCS DEVELOPMENT, PATNA 3. THE DIRECTOR, PRIMARY SECONDARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA 4. THE SECRETARY, BIHAR SANSKRIT EDUCATION, BOARD, PATNA 5. THE CHAIRMAN, BIHAR SANSKRIT EDUCATION BOARD, PATNA 6. THE DISTRICT EDUCATION OFFICER, BHAGALPUR 2 7. MOST. PREMLATA DEVI W/O LATE SACHIDANAND CHOUDHARY VILL- MAHESHI, P.S SULTANGANJ, DISTT- BHAGALPUR (PRESNET POSTED AS AN ASSISTANT TEACHER IN VIKRAMSHILA VADIK SANSKRIT PRIMARY CUM HIGH SCHOOL, SULTANGANJ, DISTT- BHAGALPUR) ----------- 5. 01.12.2010 This civil review application has been filed by the Managing Committee of Vikramshila Vaidik Sanskrit High School for review of the order dated 22.1.2010, passed in C.W.J.C. No. 13984 of 2009. The writ application was disposed of directing the District Education Officer, Bhagalpur and Headmaster, Vikramshila Vaidik Sanskrite Primary- cum-High School, Sadhana Sadan, Sultanganj, Bhagalpur and connected authorities to make payment of arrears of salary to the petitioner with effect from 2006 till date and also for payment for month to month current salary to the petitioner. Despite specific direction, payment was not made to the writ petitioner, who is placed as respondent no. 7 in the review application. The reason for not making payment has been disclosed in the review application stating that the appointment of the petitioner had been made by the ad hoc Committee constituted by the orders of the Chairman of the Bihar Sanskrit Shiksha Board, who is not competent to pass any such order. The constitution of ad hoc committee 3 had been challenged by the Headmaster of the Vikramshila Vaidik Sanskrit High School before the Director Primary, Secondary and Adult Education Department, Bihar, Patna by filing appeal no. 15 of 2004. This appeal was heard along with several other similar appeals and finally by order dated 21.4.2006 all these appeals were disposed of and the matter was referred to the Bihar Sanskrit Shiksha Board for passing necessary orders in the matter regarding constitution of the Managing Committee. It was also directed that till final order is passed by the Sanskrit Shiksha Board, the Headmaster of the School will see that the teaching staffs and non teaching staffs were paid salary and they will continue to do their work. Despite this direction, the Secretary Sanskrit Shiksha Board arbitrarily by order dated 3.8.2009 contained in Memo No. 1398 of 2009 cancelled the appointment of the writ petitioner, due to wrong interpretation of the order passed in Appeal No. 15 of 2004. The Review petitioner, being emboldened by order dated 3.8.2009, contained in Memo No. 1398 of 2009, passed by the Secretary, Sanskrit Siksha Board has filed Review application, stating that the writ petitioner is not entitled for receiving any arrears of 4 salary. She was not eligible for appointment on the post lacking requisite qualification and also because she had been appointed by Ad-hoc committee. Prayer of the Review petitioner is for reviewing the order passed on the review application. On consideration of the order passed by the Director Primary and Secondary Education contained in memo no. 26/306 dated 21.4.2006, it is apparent that till the final order will be passed by the Sanskrit Shiksha Board, any decision taken by the earlier Managing Committee could not have been recalled, cancelled by any one. The Secretary of the Sanskrit Shiksha Board otherwise also not being authorized, could not have passed the order cancelling appointment of writ petitioners and in the light of order passed by the Director, Primary & Secondary Education condition was not right enough for passing any order of cancellation of order of appointment, made by Ad-hoc Committee as matter is still sub-judice before Chairman, Sanskrit Sikhsha Board. I do not find any merit in the review application filed by the Managing Committee of Vikramshila Vaidik Sanskrit High School. Review application is dismissed. 5 M.J.C. No. 1380 of 2010 is being adjourned for four weeks in order to give some time to the opposite parties for complying with the order/direction in C.W.J.C. No. 13984 of 2009. The contempt application be placed after four weeks retaining its position. In the meantime, the order passed in CWJC No. 13984 of 2009 must be complied with. Anand Kr. (Mridula Mishra, J.)