1. These two writ petitioners raise a common issue of law and are similar on facts as well. Pleadings being complete, with consent of parties, these writ petitions have been heard for final disposal at this stage itself.

2. The issue that arises for determination of this Court is whether State is competent to impose its reservation policy in respect of selection and appointment of staff, teacher in present cases, in respect of a recognised minority educational institution like, Schools as in the present cases, where such School is receiving Government aid?

3. The facts are not in controversy and, therefore, the facts, as appearing in the first writ petition, is being noted.

4. In the district of Bhojpur in the State of Bihar at Ara, there is a Middle School which was established in the year 1907 by the Jain Community which is a Minority Community known as Shri Jain Kanya Madhyamik Pathshala. It is not in dispute that it is duly recognised by the State as a minority educational institution, it is governed by its Managing Committee whose members are pre-dominantly of the Jain Community.

5. It appears that pursuant to a vacancy caused amongst the Teachers as against a duly sanctioned post, pursuant to advertisement issued and interview held, petitioner was selected for being appointed Teacher in the said School by the Managing Committee. Petitioner was appointed with effect from 1.12.1994 and pursuant to the said selection and appointment, the Headmistress of Ine School then sought approval of petitioners appointment from the District Inspector of Schools, Bhojpur on or about 5.4.1995. The District Inspector of Schools, Bhojpur at Ara granted approval to the appointment and then apparently recommended it to the District Superintendent of Education. The District Superintendent of Education, Bhojpur, on or about 16.12.2004, approved the appointment and fixed the pay scale as well as Matric Trained Assistant Teacher with effect from 1.12.1994. He then forwarded the same alongwith the case of second writ petitioner whose appointment had also been subsequently made on vacant sanctioned post of Assistant Teacher to the Director, Primary Education, Government of Bihar. The Director, Primary Education, by his letter dated 15.11.2005, returned the matter for reconsideration in view of a departmental letter dated 2.5.2005.

6. Thus, the matter of confirmation of petitioners appointments as Assistant Teachers having remained pending for such a long time, the petitioners filed these two writ applications independently. During pendency of these writ petitions, the District Superintendent of Education, Bhojpur at Ara, by his communication dated 13.12.2006, passed an order that as per departmental directives issued in the year, 1993 and reiterated in 2005, as reservation policy was not followed nor reservation roster applied, as per orders of the Director, Primary Education, Government of Bihar, the approval granted by the District Superintendent of Education on 16.12.2004 was cancelled. It was directed that as petitioners School was receiving Government aid, it must follow the departmental Circulars with regard to reservation policy in all matters of appointment. By amendment application which was allowed, this was challenged. It may be noted that before the District Superintendent of Education had granted approval, he had made certain queries in which the Secretary of the Governing Body of the School clearly replied that in view of Articles 29 and 30 of the Constitution, the School of the petitioners being a recognized minority School, it was competent to independently make appointments and reservation and roster clearances were not required.

7. Thus, though both the writ petitioners had been working for a considerable period duly selected by the Managing Committee of the recognised minority educational institution, the result of the disapproval is that apart from the petitioners not being paid their salary now even work has been stop