Lalit Mohan Sharma, J.

The petitioner no. 1, a teacher in the High School, Madhepura, has prayed for quashing of the ORDER :as contained in Annexure 8 to the writ application passed by the Bihar Secondary Education Board, Respondent no. 3, on 4.11.1975. The petitioner no. 2, who was the Secretary of the Managing Committee of the school, has joined him in the case.

2. Admittedly, late Shri Lala Surendra Prasad was the Headmaster of the school who died on the 2nd October, 1974. According to the case of the petitioner, the Managing Committee of the school by its resolution dated 17.10.1974, as contained in Annexure 1 to the writ application, substantively promoted him to the post of the Headmaster. The petitioner no. 2, the Secretary, according to the further case in the writ application, wrote to the respondents for approval of the appointment as resolved in Annexure 1. The respondent no. 2, the Secretary of the Education Board, directed the petitioner no. 2 to maintain status quo, but when classification was sought for of the ORDER :, the respondent no. 2 informed, by the letter as contained in Annexure 2 to the writ application dated 12.11.1974 that the petitioner no. 1 wou