- (1.) Heard learned counsel for the parties. The initial prayer of the petitioner in this writ application which was filed on 15.1.2013 had read as follows:-- "1.(i) Issuance of an order, direction or a writ in the nature of Mandamus commanding the Respondents concerned, specially the Respondent No. 2, to grant approval to petitioner's appointment on the post of Headmaster in Arya Kanya Vidyalaya, Naya Tola, Patna, which has been made by the Respondent No. 5, vide Annexure-6, to this writ petition, and consequent upon grant of such approval, the Respondent No. 2 may further be suitably be directed to pass further necessary orders, granting all of its' consequential benefits to the petitioner, including the payment of his Arrears of Salary from 10.9.2005 to till date followed with the payment of Current Salary to the petitioner on the promoted post of Headmaster in Arya Kanya Vidyalaya, Naya Tola, Patna. (ii) Issuance of an order, direction or a writ in the nature of mandamus commanding the Respondents concerned to make the payment of penal interest against the arrears of Salary Claim of the petitioner at least @ 12% per annum."
(2.) Let it be noted that after filing of the writ application in the month of January, 2013, I.A. No. 6423 of 2013 had been filed on 6.9.2013 wherein the petitioner had assailed the advertisement published by the respondent No. 5 in Hindi daily newspaper "Aaj" on 1.9.2013 for filling up the post of Headmaster in the school, in question, as also for quashing of the order dated 4.10.2012 appointing Kumari Lata, Acting Headmistress of the School.
(3.) During the pendency of this writ application after the respondent No. 5 had entered appearance and had filed its counter affidavit enclosing an order dated 20.1.2014 rejecting the case of the petitioner for approval of appointment of the petitioner on the post of Headmaster in Arya Kanya Vidyalaya, Naya Tola, Patna (hereinafter to be referred to as "the school"), the petitioner thereafter had filed another interlocutory application being I.A. No. 3268 of 2014 on 21.4.2014 wherein the following two additional reliefs were prayed:-- "1(i) Issuance of an order, direction or a writ in the nature of Certiorari quashing the order passed by the Respondent No. 2 vide Memo No. 64 dated 20.1.2014 (Annexure-A at page No. 13 to the Counter Affidavit filed on behalf of the Respondent No. 5), whereby the Respondent No. 2 has declined to grant approval to petitioner's appointment on the post of Headmaster in Arya Kanya Vidyalaya, Naya Tola, Patna, which had been made by the Respondent No. 5, vide Annexure-6 to the main writ petition, and consequent upon quashing of the said order dated 20.1.2014, the Respondent No. 2 may further be suitably be directed to pass further necessary orders, granting approval to the appointment of the petitioner as Headmaster of the School in question, that too, with all of its' consequential benefits. (ii) Issuance of an order, direction or an appropriate declaration that since the present Respondent No. 5 has not been constituted in terms with Section 21 of the "THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009", the same (Respondent No. 5) is thoroughly incompetent to take any action against the petitioner or in any matter appertaining to the Management of the School in question, including petitioner's suspension vide Annexure-24 at page No. 29 to I.A. No. 6423 of 2013, petitioner's suo-moto removal from the post of Headmaster of the School in question, that too, in absence of any order from any comer, and the appointment of the newly added Respondent No. 6 as the Headmistress of the School in question, cannot have the sanction of law, as such all the said actions taken by the Respondent No. 5 is fit to be declared as null and void ab initio.";