IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9894 of 2004 SALANDHAR JHA, son of Late Soti Lal Jha resident of village & P.O. Chainpur, P.S. Bangaon, District- Saharsa. … Petitioner. Versus 1. THE STATE OF BIHAR 2. Special Director, Secondary Education (Sanskrit) Bihar, Patna. 3. Bihar Sanskrit, Shiksha Board, Bihar, Patna. 4. Secretary, Bihar Sanskrit Siksha Board, Patna. 5. District Education Officer, Saharsa, District- Saharsa. 6. Ad-hoc Managing Committee, through its Secretary, Bhagirath Primary-cum- Secondary Sanskrit School, Chainpur, District- Saharsa. 7. Headmaster, Sri Bhagirath Primary-cum-Secondary Sanskrit School, Chainpur, District- Saharsa. … Respondents. ----------- 3. 28.09.2010 Learned counsel for the petitioner after realizing that the impugned order of removal of the petitioner passed by Headmaster of a private Sanskrit School recognized by the State Government and the Board only for the purpose of payment of salary, may not straightway lead to writ application under Article 226 of the Constitution in view of the fact that such school or authority including the Headmaster would not be ‘state’ within the meaning of Article 12 of the Constitution of India, seeks permission to withdraw this writ application with a liberty to move the Bihar Sanskrit Shiksha Board for ventilation of grievance of the petitioner inasmuch as the impugned order passed by the Headmaster also has an 2 effect of taking away the benefit of approval of services accorded by Bihar Sanskrit Shiksha Board specially when a contrary direction for continuation of the petitioner in service was passed by the Secretary of the Board on 30.9.2003 (Annexure-5). This Court without expressing any opinion on the merit of such prayer of the petitioner would simply accord permission to the petitioner to withdraw this writ application. Accordingly, this writ application is dismissed as withdrawn with the aforementioned liberty. kanchan/- (Mihir Kumar Jha, J.)