IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8966 of 2008 VIKASH KUMAR, son of late Chandra Bhushan Mishra, resident of village Karasili, P.O. Chand Chora, P.S. Civil Line, District Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. District Magistrate cum Chairman of District Compassionate Committee Gaya District Gaya 3. District Education Officer, Gaya, District Gaya … Respondents ----------- 2. 27.4.2011 Heard Mr. Shardanand Mishra, learned counsel for the petitioner and the counsel for the State. The petitioner claiming to be the dependent son of late Chandra Bhushan Mishra, an employee of Azad High School, Chakand in the district of Gaya has sought a direction for consideration of his case for appointment on compassionate ground. Mr. Mishra would submit that though the aforementioned Azad High School, Chakand is a Government recognized minority school in which the father of the petitioner was appointed by the Managing Committee of the said school but then he was entitled to and got all the benefits alike a Government servant either in the matter of payment of salary or even by way of pensionary relief paid to the widow after his death. He would, 2 accordingly, submit that the Government policy dated 5.10.1991 envisaging appointment of dependent of the deceased Government servant in harness would be also applicable in the case of the petitioner. In the considered opinion of this Court the aforementioned submission cannot be accepted, inasmuch as a Government recognized minority institution still remains still a private institution in which only certain benefits either by way of payment of salary or pensionary relief as per the Government scheme is extended to the employees of such private institution. The fact remains that such employee appointed by the Managing Committee of a Government recognized minority school is not a Government servant as defined in Bihar Service Code. This aspect of the matter has been considered by this Court at some length in the case of Md. Shahid Ansari Vs. State of Bihar C.W.J.C. No. 9719/2007 disposed of on 8.4.2011, wherein it has been held as follows: "It has also to be kept in mind that such recognized minority aided 3 school, even when it receives grant in aid for payment of salary it does not cease to have its own autonomy and identity in the matter of appointment and/or removal of service of its teaching and non teaching employees. As a matter of fact in all the recognized minority aided schools the power of appointment in keeping with the requirement under Article 29 and 30 of the Constitution of India has always remained vested in the Managing Committee of the school and merely because the Vidyalaya Sewa Board and the Government and/or its officials have been vested with limited power of approving the services of such teaching employees within the sanctioned number of posts for such school in terms of Section 18 of Bihar Non-Governmental Taking over management and Central Act 1981 would not mean that the Government and/or its officials can also appoint any employee in the said school. The rights guaranteed under Article-29 and 30 of the Constitution of India vests complete autonomy in the minority institution and the same cannot be in any way interfered and abrograted by the Government and/or its officers inasmuch the same would be in teeth of provisions made under Article-30 of the Constitution of India. Thus any and every appointment including an appointment on compassionate ground in a recognized minority aided school can only be made by the Managing Committee/Governing Body of the school in which the Government can have no say and consequently the prayer of the petitioner for direction from this Court to the respondent officials of the State Government for directing them to appoint the petitioner on compassionate ground must be held to be wholly 4 misconceived both on fact and in law." That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/