IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10613 of 2000 Anil Kumar, son of Sri Lal Das Singh, Principal, Swatantrata Sangram Senani Godani Singh College, Arwal, Jahanabad, resident of Village Abgila, P.O. Sarwan Via Baidrabad, P.S. Rampur Chouram (New) Old, P.S. Arwal, Dist. Jehanabad. --------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Department of Human Resources, Government of Bihar, New Secretariat, Patna. 3. The Chairman, Bihar State Intermediate Education Council, Patna, Budh Marg, Patna. 4. The Vice-Chairman, Bihar State Intermediate Education Council, Patna Budh Marg, Patna. 5. The Secretary, Bihar Intermediate Education Council, Budh Marg, Patna. 6. Shri Babu Ram Yadav, Ex. President-cum-Principal Swantrata Sangram Senani Godani Singh College, Arwal Jehanabad, Dist. Jehanabad. 7. Shri Rameshwar Prasad, Ex.-Secretary, Swantrata Sangram Senani Godani Singh College, Arwal Jehanabad Ex-Dirpal Bigha, (Das Number), P.O. Prasadi English, P.S. Arwal, Dist. Jehanabad. 8. Shri Bishwanath Prasad Singh, Ex. Member, Managing Committee, Swantrata Sangram Senani Godani Singh College Arwal Jehanabad, Resident of Village Mokri, P.O. & P.S. Arwal, Dist. Jehanabad. 9. Shri Dhanesh Chandra Prabhanjan, son of Sri Raja Ram Singh, resident of Village Purania, P.O. and P.S. Karpi, Dsit. Jehanabad. 10. Shri Sahjanand Singh, son of late Ram Lekha Singh, Resident of Village Makhdumpur, P.O. & P.S. Arwal, Dist. Jehanabad. --------- Respondents ----------- 14 15.09.2011 The challenge of the petitioner in this writ application to a recommendation of the Managing Committee of the Swatantrata Sangram Senani Godani Singh Mahavidyalaya, Arwal, Jahanabad, an intermediate college, is wholly misconceived, inasmuch as, the said college is a private college, which was only affiliated to Bihar Intermediate Education Council at the relevant point of time in the year 1998 when such recommendation was made. It is not in dispute that in such private institution, even though recognized by the then Bihar Intermediate Education Council, the power of appointment on the post of Principal/In- charge Principal was with the Governing Body/Managing 2 Committee of such private college. In that view of the matter, the prayer of the petitioner to quash the letter of the Secretary of the college dated 7.10.1998 (Annexure-2) must be held to be misconceived specially when there is nothing on record to show that the said private college and its Managing Committee can be held to be state within the meaning of Article 12 of the Constitution of India. Reverting to the order of the Bihar Intermediate Education Council, which now stands substituted, after repeal of the Bihar Intermediate Council Act, by Bihar School Examination Board (Senior Secondary), all that can be said that it was in the light of the recommendation made by the Governing Body/Managing Committee of the private college that the then regulatory body name Bihar Intermediate Education Council, on the basis of the papers furnished had approved the appointment of the respondent no.9 on the post of In-charge Principal of the college. Such order by the Bihar Intermediate Education Council was basically with regard to the acceptance of fees and forms from of students of college for the purposes of allowing them to appear in Examination and, therefore, if the petitioner has really any rub or grievance against the decision of the Governing Body/Managing Committee of the private college as with regard to the appointment on the post of In-charge Principal by way of respondent no.9, the appropriate remedy for him would only be before the Civil Court. . In any event, the Bihar Intermediate Education Council has been abolished and therefore, if any such fresh 3 controversy would take place as with regard to filling up of the post of In-charge Principal in the college, the same will be always subjected to the limited scrutiny by the Bihar School Examination Board (Senior Secondary) but, only to the extent permissible in law. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)