IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19095 of 2010 1. Sanjay Kumar Singh, son of Dr. Rameshwar Prasad Singh, resident of Village – Malkhachak, P.O. and P.S. – Dighawara, District- Saran 2. Rajeshwar Lal, son of Shri Dina Nath Ram, resident of Village Pravejavad Nahar, P.O. and P.S. Sonepur, District-Saran 3. Anupma Kumari, wife of Shri Sanjay Singh `Saheb’, resident of Village & P.O. Malakhachak, P.S. Dighawara, District- Saran 4. Reshma Kumari, wife of Shri Anil Kumar Sinha, resident of Village Bharat Raut Katra, Hazipur, P.O. and P.S. Hazipur, District- Vaishali (Hazipur) 5. Vikram Prasad Yadav, son of Shri Mukutdhari Ray, resident of Village Vastpur, P.) Dighawara, District- Saran 6. Sanjana Kumari Sharma, daughter of Shri Amar Nath Sharma, resident of Mohalla- Mauna, P.O. – Chapra, P.S. Chapra Mufasil, District- Saran 7. Vidya Sagar Kushawaha, son of Shri Jag Narayan Kushwaha, resident of village- Makhadumganj, P.O. Gheghata, P.S. Chapra Mufasil, District- Saran 8. Pawan Kumar Singh, son of Shri Vindeshwari Singh, resident of Village & P.O. Aami, P.S. Dighawara, District- Saran 9. Smt. Savitri Kumari, D/o Musafir Ray, wife of Shri Dharam Prakash Ray, resident of village- Hevantpur, Manpur, P.O. and P.S. Dighawara, District- Saran 10. Md. Shaukat Ali Ansari, son of Abdul Kadir Ansari, resident of Village Makhdumganj, P.O. Ghghata, P.S. Chapra Mufasil, District- Saran 11. Rahul Chaudhary, son of Bharat Chaudhary, resident of Village- Makhdumganj, P.O. Gheghata, P.S. Chapra Mufasil, District- Saran 12. Sushila Devi, wife of Ramesh Singh, resident of Village- Bakarpur, P.O. Govindchak, P.O. and P.S. Sonepur, District- Saran 13. Ram Babu Kumar, son of late Ram Ishawar Ray, resident of Village- Dighawara near by Ambedkar Chauk, P.O. and P.S. Dighawara, District- Saran 14. Hari Har Ram, son of Shri Mahabir Ram, resident of Village Dighawara, P.O. and P.S. Dighawara, District- Saran 2 15. Shankar Prasad, son of Shiv Bachan Prasad, resident of Village Jatahi pokhara, P.O. Sahebganj, P.S. Chapra Mufasil, District- Saran 16. Jageshwar Ray, son of Kanhai Ray, resident of village- Kewatiya Bhagawanpur, P.O. and P.S. Dsriyapur, District- Saran 17. Lalan Manjhi, son of late Pyarchand Manjhi, resident of Village Vasatpur, P.O. and P.S. Dighawara, District- Saran 18. Arun Kumar Ray, son of Shri Paras Ray, resident of village- Aami Chauhani Patti, P.O. Aami, P.S. Dighawara, District- Saran ………… Petitioners Versus 1. The State of Bihar through the Commissioner-cum- Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The District Magistrate-cum-district Officer, Saran, Chapra 3. The District Education Officer, Saran 4. Mr. Sanjay Kumar Verma, Chairman/Adhyaksha, Hindi Shikshapith, 1st Floor, House No. 227, Road No. 3A, in front of Wazar Apartment & Rajya Chikitshalaya, New Patliputra Colony, Patna-800013 5. Mr. Vinod Kumar Verma, son of late Shio Chandra Prasad Verma, the then Byavasthapak-Sah- Kendradhikshak, Saran Hindi Mahavidyalya, Rasalpura, Saran 6. Jagdish Prasad, son of Shri Jagarnath Sah, Byawasthapak-Sah-Kendradhikshak of Mathura Sah Jagarnath Sah Saran Hindi Mahavidyalaya, Pirganj, Shitalpur (Saran), resident of Village-Shitalpur Pirganj, P.O. Shitalpur, P.S. Dighawara, District-Saran… ……………….Respondents. ----------- 2. 28.6.2011 Heard learned counsel for the petitioner. No one appears for the State. The petitioners seek a direction to the respondents to pay their due salary as well as current 3 salary. They are employees of Saran Hindi Mahavidyalaya, Rasalpura, Saran now having the new name and style as “Mathura Sah Jagarnath Sah Saran Hindi Mahavidyalaya, Pirganj, Shitalpur (Saran)”. The petitioners are seeking direction to the respondent nos. 4 and 5, the Chairman/Adhyaksha, Hindi Shikshapith, and the Byavasthapak-Sah- Kendradhikshak, Saran Hindi Mahavidyalaya, Rasalpura, Saran. From the averments made in the writ application nothing has been brought on the record to show that the respondents are performing any statutory functions or any duty of public nature conferred upon them by the statute or by the executive authorities. In the absence of such materials, it must be held that the respondent nos. 4 and 5 are purely private institutions and in such circumstances, no proceedings can be maintained against them under Article 226 of the Constitution. The writ application is accordingly dismissed. S.Pandey ( Ramesh Kumar Datta, J.)