WP(C) 5099/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR The petitioner had earlier approached this Court in WP(C) 3347/2011 challenging the induction of Respondent No.8 as a teacher in the Poyesti Chalakura Nuria M.E . Madrassa, Dhubri. That writ petition was not pressed and accordingly disposed of by an order dated 30.6.2011. The present writ petition has been filed praying for setting aside the appointme nt of the same person. In other words, the relief claimed in the earlier writ pe tition and present petition is more or less the same. As such, the second petiti on on the same subject is not maintainable without the leave of the Court. That apart, I find that the School is not the State within the meaning of Articl e 12 of the Constitution of India and is also not amenable to the jurisdiction o f this Court under Article 226 of the Constitution of India being a private scho ol. Learned counsel for the petitioner seeks leave to withdraw this writ petition wi th liberty to file a civil suit, if so advised, for damages. Leave granted. Dismissed as withdrawn.