IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5426 of 1997 1. Sharad Pankaj, Son of Dr. Arvind Mehta, Resident of Mohalla Malighat, Post Office and District Muzaffarpur, at present working as Assistant (Class-III post), Dr. Ramjee Mehta, Sanskrit Mahavidyalaya, Malighat, Muzaffarpur. 2. Jaiprakash Mehta, Son of Late Shyam Behari Mehta, Resident of Village Mehta Tola, Via Dariapur, District East Champaran, at present working as Chaukidar (Grade-IV), Dr. Ramjee Mehta Sanskrti Mahavidalaya, Malighat, Muzaffarpur. 3. Anjani Kumari, Wife of Sushil Kumar Jha, Resident of Village Dedaul, Post Office Mirapur, District Muzaffarpur, at present working as Gardener-cum-Peon (Grade-IV). 4. The Managing Committee of Dr. Ramjee Mehta Sanskrit Mahavidyalaya through Secretary, Urmila Mehta, Mali Ghat, Muzaffarpur. 5. Urmila Mehta, Secretary, Dr. Ramjee Mehta Sanskrit Mahavidyalay, Mali Ghat, Muzaffarpur. ----------- Petitioners Versus 1. Union of India through the Secretary, Ministry of Human Resources Development, Government of India, New Delhi. 2. Secretary, Ministry of Human Resources Development, Government of India, New Delhi. 3. Director, Rashtriya Sanskrit Sansthan, 56-57 Institutional Area, Janakpuri, New Delhi-110058. 4. Deputy Director, Finance, Rashtriya Sanskrit Sansthan, 56-57 Institutional Area, Janakpuri, New Delhi-110058. 5. State of Bihar through Secretary, Department of Human Resources, Government of Bihar, Patna. ----------- Respondents ----------- 5 13.07.2010 No one appears on behalf of the petitioners. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows:- “1. That this writ application is for the issuance of appropriate writ/writs, direction/directions, order/orders to the respondents to absorb the petitioners against the non-teaching posts they were 2 holding by virtue of being duly appointed by the Managing Committee of the College, which was the competent body to make appointments and they continued as such without any break in services, but on account of efforts made by the College to up-grade its standard to qualify for recognition of Adarsh College by Rashtriya Sanskrit Sansthan to enable the college to avail financial assistance from the said Sansthan and upon such recognition having been granted vide office order dated 2.5.1997 as contained in Annexure-3 the petitioners are threatened with removal from their posts on account of arbitrary non-inclusion of their names in the list of “absorbed non- teaching staffs in the said order as contained in Annexure-3 issued by the Respondent-Rashtriya Sanskrit Sansthan.” In this case the respondent nos. 3 & 4 have filed a counter affidavit wherein it has been stated that the name of the petitioner no.1 has been included in the list of absorbed employees and that the case of the petitioner no.2 for the post of Chaukidar and that of petitioner no.3 for the post of Gardener (Mali) cannot be considered as there is no provision of such posts in the scheme. 3 Admittedly, the institution in question is a private aided institution in which the sanction of post for the purposes of payment of salary has to be made as per the scheme of Rashtriya Sanskrit Sansthan. In view of the fact that the petitioner no.1 has already been absorbed as per the norms of Sansthan and there is no post for petitioner nos. 2 & 3, there would be no question for this Court for issuing any direction for either absorbing the petitioner nos. 2 & 3 or making payment of salary by the Sansthan. The petitioner nos. 2 & 3, being employees of a private institution, they also cannot maintain a writ application as against the Managing Committee of the institution, which in no view of the matter can be held to be 'state' under Article 12 of the Constitution. That being so, this application, both due to relief already given to the petitioner no.1 and inadmissible claim of the petitioner nos. 2 & 3, must be disposed of as having become infructuous. Rsh (Mihir Kumar Jha, J.)