IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10965 of 2000 MANAGING COMMITTEE.OF NAVIN TIRHUT SIKSHA PRATISHTHAN Versus THE STATE OF BIHAR & ORS ----------- 4 19.01.2009 This case was earlier dismissed for default by an order dated 22.8.2003. Today, also one appears for the petitioner. This Court however would find that there is absolutely no merit in this writ application for a simple reason that a private managing committee has moved this Court for a direction that respondent should not interfere in the management of the College and in the trust property of Navin Tirhut Siksha Pratisthan, Malighat, Muzaffarpur. From the pleadings of the writ application specially in paragraph No. 4, 5 and 28 it would transpire that the said institute is an affiliated with Rashtriya Sanskrit Sansthan, New Delhi and has no Governmental control over it save and except that for the purposes of grant and that too upto the extent of 95%, it has to fulfill certain requirement laid down by the autonomous body of the Central Government. That however, will not make either the Managing Committee- the petitioner or the institute is seeking relief under Article 226 of the constitution of India as it fails to conform the requirement under conformation of Article, - 2 - 12 of the constitution of India. Moreover the disputed questions of fact as with regard to constitute of Managing Committee/employees of a private college/properties of the College can not be adjudicated under Article 226 of the Constitution of India. The appropriate remedy for the petitioner is only before a Civil Court which can decide the questions on the evidences to be adduced by all the parties. In that view of the matter, this Court would dismiss this writ application and consequently, the interim order passed on 9.11.2000 shall stand vacated. Bibhash (Mihir Kumar Jha, J.)