Research › Search › Judgment

Patna High Court · body

2006 DIGILAW 100 (PAT)

Bihar Rajya Arya Partinidhi Sabha v. State Of Bihar

2006-01-27

NARAYAN ROY

body2006
Judgment Narayan Roy, J. 1. Heard learned counsel for the petitioners, learned counsel for respondent No. 7, learned counsel for the Bihar Public Service Commission and JC to G I. 2. Initially, this writ application was filed against the order passed by the Vidyalaya Seva Board (hereinafter refereed to as "Board"). Whereby and whereunder the Board had refused to grant approval to the recommendation of the District Education Officer dated 30.09.1992 regarding dismissal of respondent No. 6, Ajay Kumar and to accord approval regarding promotion of respondent No. 7, Suresh Sharma, to the post of Principal. 3. It is submitted by learned counsel for the petitioners that during the pendency of this application, respondent No. 6, Ajay Kumar, superannuated with effect from 31.01.2005 and respondent No. 7, Suresh Sharma, is continuing on the post of Principal of the school. It is furhere submitted that now the Board has been superseded by virtue of the Bihar Non-Government School (Management and Control) Amendment Rules, 2004 and power has been vested in the Bihar Public Service Commission (hereinafter referred to as "Commission") to accord formal concurrence to the appointment of the headmaster of the minority school and the managing committee in view of the amendment aforesaid sent its requisition for grant of approval to the appointment of respondent No. 7 on the post of Principal to the Director, Secondary Education, respondent No. 2, and also to the Commission directly on 15.10.2005, but till date necessary approval has not been accorded by the Commission, though respondent No. 7 is to superannuate with effect from 31.01.2006 and on account of non-availability of the concurrence of Commission, respondent No. 7 is not getting his salary. It is also submitted that in paragraph 15 of the supplementary affidavit, it is specifically stated that the managing committee of Daya Nand Vidyalaya, Mithapur, Patna, has sent the necessary recommendation regarding appointment of respondent No. 7 to the Director, Secondary Education, Government of Bihar, Patna, and also to the Commission for necessary concurrence. 4. I am informed that the Commission is the body to accord formal approval with regard to the qualification, etc. of the Principal. 5. 4. I am informed that the Commission is the body to accord formal approval with regard to the qualification, etc. of the Principal. 5. Regard being had to the facts and circumstances of the case, as referred to above, respondent No. 2, the Director, Secondary Education, Government of Bihar, Patna, is directed to send the necessary recommendation to the Commission regarding grant of approval of appointment of respondent No. 7, Suresh Sharma, forthwith and not beyond one week from today and no sooner the recommendation reaches the Commission, necessary concurrence, as required in law, would be accorded within a further period of one week thereafter. It goes without saying that no sooner the necessary concurrence is made by the Commission, arrear and current salary admissible in law will be paid to respondent No. 7. 6. With the direction/observation aforesaid, this application is disposed of.