IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10720 of 1997 DIGAMBER MISHRA, son of late Ghanshyam Mishra, resident of village Panchoor, P.S. Riga, District Sitamarhi … Petitioner Versus 1. THE STATE OF BIHAR through the Spl. Director (Sanskrit Shiksha) New Secretariat, Patna-1 2. The Bihar State Sanskrit Shiksha Board, Patna though its Chairman 3. The Secretary, Bihar State Sanskrit Shiksha Board, Boring Canal Road, Patna 4. The Managing Committee through its Secretary, Jauki Sanskrit Uchcha Vidyalaya, Sitamarhi 5. The Head Master Jauki Sanskrit Uchch Vidyalaya, Sitamarhi … Respondents. ----------- 7. 12.8.2010 No one appears for the petitioner. Counsel for the State as also respondents no. 4 and 5 are present. The prayer of the petitioner in this writ application reads as follows: “(i) That an appropriate writ or direction be issued commanding the respondents to allow the petitioner for functioning as an Assistant Teacher against the post of Acharya in Jauki Sanskrit Uchch Vidyalaya Sitamarhi and to pay regular salary attached in the post in accordance with law.” From the reading of the writ application and the counter affidavit of respondents no. 4 and 5 it would appear that there is a serious dispute with regard to alleged absorption and posting of the 2 petitioner in Janki Sanskrit Uchch Vidyalaya, Sitamarhi (hereinafter referred to as „the School‟), inasmuch as when in terms of the alleged resolution of the Managing Committee of the said School dated 10.11.1985 the Bihar Sanskrit Shiksha Board (hereinafter referred to as „the Board‟) had accorded approval of joining of the petitioner in the school with effect from 18.2.1985, the Headmaster of the school by his communication dated 20.3.1985 had requested the Secretary of the Board to recall such order of absorption of the petitioner on the ground that such absorption was never made by the Managing Committee of the School. It further transpires that the Government also on being reported had issued an order on 29th June, 1987 for reverting the petitioner back to his original school, namely, Bhawani Sanskrit Madhya Vidyalaya, Narha, Sitamarhi fromwhere he was said to have been transferred and absorbed in the school in question. Thus, the whole picture that emerges is a dispute between the petitioner and the Managing Committee of the school 3 which cannot be gone into in a writ application, inasmuch as the Managing Committee of the private Sanskrit school recognized by the Board and only receiving grant of payment of salary cannot be said to be the State within the meaning of Article 14 of the Constitution of India. The relief of the petitioner in fact is against the Managing Committee of the School and therefore, this writ application is held to be not maintainable. In the event the petitioner would file a civil suit, anything said above in this order or dismissal of this writ application on the ground of its being not maintainable will not prejudice him in any manner. With the aforementioned observation and direction, this application is dismissed as not maintainable. (Mihir Kumar Jha,J.) Surendra/