Judgment G. C. Bharuka, J. 1. This writ application has been filed for issuance of writ of mandamus directing the respondents to treat the petitioner in continuous service right from 14.9.1974 till he resumed his duties as per the order dated 18.12.1991 of the Director, Secondary Education (as contained in Annexure 10) and for consequent payment of his salary for those periods and grant of consequential benefits by way of seniority, promotion, etc. 2. The relevant facts which appeared from the writ application and counter affidavit filed on behalf of the respondent-Director may first be stated in short. 3. Pursuant to an advertisement made by the Managing Committee of a private recognised school the petitioner was appointed as a teacher in the school, namely Adarsh High School, Samhuta (Rohtas) on 9 3.1973 as an assistant Teacher (Physical Training ). As required in the Rules governing regulations of private schools which was in force at the material time, the managing Committee requested the Sub-divisional Education Officer, sasaram for approval of his service, on 2 4 1973 but for certain reasons the said approval was not granted. Accordingly, the Managing Committee terminated the service of the petitioner on 15.9.1974. According to the petitioner, no formal order of termination was served upon him. But the fact remains that since 1974 be had not served in the School. 4. The school in question was taken over by the State Government under the provisions of the Bihar Non-Government Secondary School (Taking over of Management and Control) Act, 1982 (hereinafter, in short, as the act) But since the petitioner was not in service of the school at the time of taking over, therefore, his service could not have been taken over by the government. According to the petitioner, he had been filing representations to the various officers of the Government from time to time since 1974 but no heed was paid to the same. According to the respondent-Director, for the first time, a representation dated 112 1991 of the petitioner was received in his office as forwarded under the directions of the Minister, Water resources Development Department under his letter No 215 dated 14 2 1991 being part of Annexure16. It has been specifically stated in paragraph-3 of the counter affidavit that before receiving this representation, as per the records no correspondence for appointment of the petitioner was ever made. It has been specifically stated in paragraph-3 of the counter affidavit that before receiving this representation, as per the records no correspondence for appointment of the petitioner was ever made. It appears thai on receipt of the said representation through the good offices of a Cabinet Minister the then Director Mr S K Sinha felt persuaded to permit the petitioner to work as an Assistant Teacher in the aforesaid school by clearly observing that since the petitioner had not worked in any school since 1974 he will not be entitled to claim any sum as arrear of salary and he will be entitled only to initial scale pertaining to the post of an Assistant Teacher. This order has been filed as Annexure 10 to the writ application. The petitioner having availed of the benefit of the said order by joining on the post of Assistant Teacher has now filed the present writ application claiming that he should be pail his salary since 1974 apart from other benefits of continuous service from 1974. 5. We have heard Mr. S, K. Sinha, learned Advocate for the petitioner and mr. R. S. Roy, S. C.1 on behalf of the respondents and have examined the respective pleadings of the parties as made by them on affidavit. 6. Section 10 (9) of the Act reads as under : "10 (9 ). 5. We have heard Mr. S, K. Sinha, learned Advocate for the petitioner and mr. R. S. Roy, S. C.1 on behalf of the respondents and have examined the respective pleadings of the parties as made by them on affidavit. 6. Section 10 (9) of the Act reads as under : "10 (9 ). The Board shall make recommendations for appointment of teachers and for appointment or promotion of a Headmaster of Nationalised Secondary Schools to the Director in accordance with this Act and Rules thereunder : provided that for promotion of teachers to selection grade posts to recommendation of the Board shall not be necessary: provided further that in absence of the recommendation of the board, on special circumstances and in anticipation of the recommendation of the Board, the State Government shall be competent to make ad hoc promotion to the post of Headmaster for a period not exceeding six months and to make ad hoc appointment in the prescribed manner to the post of teachers for a period not exceeding six months : provided also that in the event of the death of a Goverment servant during the service period, his dependent possessing requisite qualification for the post of teacher may be appointed to the post of teacher by the Director on compassionate ground on the orders of the State Government, and in such cases the recommendation of the School Service board shall not be necessary. From reading of the aforesaid provisions it is quite clear that in Nationalised secondary School a teacher can be appointed by the Director only on the basis of recommendations of the School Service Board made by the Director in accordance with Rules only on the basis of recommendations in this behalf by the School Service Board. But in the second proviso to the above-quoted sub-section the State Government has been empowered to make ad hoc appointment on the post of teachers for a period not exceeding six months in the prescribed manner even in absence of the recommendation of the aforesaid Board under special circumstances and in anticipation of the recommendation of the Board. " 7. The State Government has framed statutory Rules under section 15 of the Act which are known as Bihar Nationalised Secondary School (Conditions of Service) Rules, 1983. Rule 7 of the said Rules provides for appointment and promotion of the teachers including Headmasters. " 7. The State Government has framed statutory Rules under section 15 of the Act which are known as Bihar Nationalised Secondary School (Conditions of Service) Rules, 1983. Rule 7 of the said Rules provides for appointment and promotion of the teachers including Headmasters. It also provides that the Director can make appointment of assistant teacher only on the basis of recommendation of the School Seva Board, that too only out of panel prepared by the Board for each division. 8. In view of the statutory provisions as set out and explained in the foregoing paragraphs it is quite clear that the petitioner is not possessed of any valid appointment order in his favour. It is so because admittedly as required under the Act and the Rules, framed thereunder he has not been appointed out of a panel prepared and recommended by the School Service board and even if it is presumed that the petitioner was appointed was by the Director under provisions of sub-section (9) of section 10 referred to above, the life of such appointment cannot extend beyond six month. 9. In this view of the matter no relief as claimed can be granted to the petitioner. So far as the illegalities committed by the predecessor director is concerned, it will be open for the State Government to take appropriate measures in this regard so that such illegiltties are not allowed to perpetuate or lead to re-occurrence by pleading equality under article 14 of the Constitution of India by any other similarly situated person, 10. The writ application is, accordingly, dismissed. But there will be no order as to costs. Appeal Dismissed.