Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by the decision, as contained in Memo No. 538 dated 14.05.2012 (Annexure-A), whereby the Director (Secondary Education), Bihar, Patna rejected the case of the petitioner for approval of service has been rejected saying that the age of the petitioner is 49 years 11 months and as such in exercise of power under Section 18(3)(Kha) of the Bihar Non-Government Secondary School (Taking over Management and Control) Act, 1982.

3. Learned counsel appearing on behalf of petitioner has drawn the attention to Annexure-5 whereby service of Smt. Bhaswati Bhattacharya was approved notwithstanding the fact that Smt. Bhaswati Bhattacharya was appointed along with this petitioner and was senior in age than this petitioner. Learned counsel further submits that under the provisions of the Act, the Director, Secondary Education is required to take decision on the approval of the services of the teachers appointed in the minority added High School. He submits that in the matter of appointment of Assistant Teacher, there is no maximum age limit prescribed and as such the petitioner cannot be denied approval saying