IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1007 of 2011 In Civil Writ Jurisdiction Case No. 8386 of 2011 ====================================================== 1. Raj Kumar Singh, son of late Tej Narayan Singh, resident of Village Supaur Jamua, P.O. Supaur Jamua, Distt. Munger. 2. Manikant Singh, son of late Motilal Singh, resident of Village and P.O. Parsannado (Haveli Kharagpur) Distt. Munger. 3. Punam Kumari, Daughter of late Maheswhar Prasad Singh, resident of Village and P.O. Basudeopur, Distt. Munger. 4. Mritunjay Kumar Singh, son of late Ambika Prasad Singh, resident of Village Naya Gola Farda, P.S. Naya Ram Nagar, Distt. Munger. All serial 1 to 4 are Lecturers in the Department of Ancient History, Social Science, Economics and English respectively in Yogmaya Ajablal Singh College Parasannado (Haveli Khragpur), Distt. Munger. .... .... Appellant/s Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, New Secretariat, Patna. 2. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna though its Chairman. 3. The Secretary, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna. 4. The Governing Body, Yogmaya Ajablal Singh College Parasannado (Haveli Khragpur), Distt. Munger through its Secretary. 5. The Principal, Yogmaya Ajablal Singh College Parasannado (Haveli Khragpur), Distt. Munger. 6. Mukul Kumar, son of not know to appellants, r/o Village Milki, Post Gangatamorh, Distt. Munger. 7. Kumod Kumar, son of not know to appellants, r/o Village Milki, Post Gangatamorh, Distt. Munger. 8. Shivaji Singh, son of not know to appellants, r/o Village Milki, Post Gangatamorh, Distt. Munger. ... .... Respondent/s ====================================================== Patna High Court LPA No.1007 of 2011 (4) dt.19-07-2011 2 Appearance : For the Appellant/s : Mr. Durga Nand Jha, Advocate For the Respondent/s : Mr. Lalit Kishor, AAG-1 with Mr. Vikas Kumar, A.C. to A.A.G.-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 19-07-2011 ‘This Appeal preferred under Clause 10 of the Letters Patent arises out of the order dated 13th May 2011 made by the learned single Judge in above CWJC No.8386 of 2011. The claims of the writ petitioners have been rejected by the learned single Judge on the ground that the respondent Yogmaya Ajablal Singh College, Parasannado (Haveli Khragpur), District Munger is not a ‘State’ within the meaning of Article 12 of the Constitution. A writ petition under Article 226 of the Constitution would not lie against the College. Feeling aggrieved, the writ petitioners have preferred this Letters Patent Appeal. We have heard learned Advocate Mr. Durga Nand Jha. It is the case of the appellants that they have been serving in the aforesaid College since 1989 and they have been continuing as such but they are not being paid their due salary. Learned Patna High Court LPA No.1007 of 2011 (4) dt.19-07-2011 3 Advocate Mr. Jha has submitted that in the years 2006-2008, the State Government has released certain funds for the aforesaid College and the aforesaid College is governed by the instructions issued by the Bihar School Examination Board (Senior Secondary). It is, therefore, a ‘State’ within the meaning of Article 12 of the Constitution. We are afraid, we are unable to agree with Mr. Jha. Mere financial assistance extended by the State Government will not make the respondent College a ‘State’ within the meaning of Article 12 of the Constitution. Nothing has been brought on the record to establish that it is the State Government which controls and manages the aforesaid College so as to bring it within the meaning of ‘State’ under Article 12 of the Constitution. The subject matter of challenge before us is the decision of the governing body of the College. We agree with the learned single Judge that the writ petition against the College will not lie. Appeal is dismissed. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)