IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.629 of 2003 ASHARFI MEHATA, son of Sri Harish Chandra Mehta, resident of village Lahar Bajari, P.S. Bishunpur, District Palamu … Petitioner Versus 1. THE CHANCELLOR OF UNIVERSITIES OF BIHAR 2. Vir Kuer Singh University, Arrah through its Registrar 3. Vice Chancellor, Vir Kuer Singh University, Arrah 4. Secretary, Adhoc Governing Body, Jagdos Memorial College Sakri (Kudra), District Kaimur 5. Dr. Indra Narain Singh at present Principal Jagdos Memorial College, Sakri (Kudra), District Kaimur 6. Bihar College Service Commissioner through its Secretary, Patna … Respondents ----------- 3. 2.7.2010 No one appears for the petitioner. Counsel for the University is present. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of an appropriate writ order or direction for quashing the order of respondent no.4 as contained in Annexure 11 whereby the petitioner has been removed from service as the same is illegal and against law and further for a direction to the Vice Chancellor Vir Kuer Singh University, Arrah to set aside the appointment of respondent no.5 to the post of Principal of Jagdes Memorial College Sakri (Kudra) District Kaimur as the committee constituted by him had enquired and submitted its report that the said 2 Surendra/ appointment is illegal and to appoint the person legally entitled as per law on the said post in the said college.” Counsel for the University in fact had rightly reiterated his earlier preliminary objection as noted in the order of this Court dated 7.2.2003 as with regard to maintainability of the writ petition assailing the decision of the governing body of affiliated college terminating the services of the petitioner. Under the Statutes framed by the Chancellor for teaching staff of the affiliated college there is a forum of appeal before the University and if the petitioner in fact wants only to assail the decision of the affiliated college he may also have a remedy before the Civil Court but then such affiliated college and its governing body is not the State within the meaning of Article 12 of the Constitution of India, no writ petition can be maintained. That being so, the preliminary objection raised by the counsel for the University is upheld and the writ petition is dismissed as not maintainable. (Mihir Kumar Jha,J.) 3