IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1199 of 2011 In Civil Writ Jurisdiction Case No. 8994 of 2011 With Interlocutory Application No. 5866 of 2011 And Interlocutory Application No. 5867 of 2011 In Letters Patent Appeal No.1199 of 2011. ====================================================== Kumar Rajiv Nayan, S/o Shri Giriraj Kumar Agrawal, the Headmaster, Har Prasad Das Jain School, Ara .... .... Petitioner - Appellant Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna, 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna, 3. The Director, Secondary Education, Human Resources Development Department, Govt. of Bihar, Patna 4. The Regional Deputy Director of Education, Patna Division, Patna 5. The District Education Officer, Ara, Bhojpur 6. The Managing Committee, Harprasad Das Jain School, Ara through its Secretary Mithilesh Kumar Jain (S/o Late Harkhen Kumar Jain), Har Prasad Das Jain School, Ara, Bhojpur, 7. Dr. Akhil Kumar Jain, S/o Late Harkhen Kumar Jain, R/o Mohalla- Mahajan Toli No.1, Ara Town, Distt.- Bhojpur, 8. Shri Kamlesh Kumar Jain, S/o Late Nem Kumar Jain, Assistant Teacher, Harprasad Das Jain School, Ara .... .... Respondents ……. Respondents. ====================================================== Appearance : For the Appellant : Mr. K.N. Chaubey, Sr. Advocate and Mr. Ambuj Nayan Chaubey, Advocate. For the Respondent/s : Mr. Devendra Kumar Sinha, AAG 2 and Mr. Sudhir Kumar, AC to AAG 2. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA Patna High Court LPA No.1199 of 2011 (3) dt.30-08-2011 2 / 3 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 30-08-2011 Re. Interlocutory Application No. 5866 of 2011. The delay of seven days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1199 of 2011 and Interlocutory Application no. 5867 of 2011. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order of the learned single Judge dated 20th May 2011 made on above CWJC No. 8994 of 2011. The writ petitioner, a Headmaster in Har Prasad Das Jain School, Ara, filed the above writ petition under Article 226 of the Constitution to challenge the order of cancellation of his appointment as Headmaster made by the Managing Committee of the School. The learned single Judge has dismissed the writ petition on the preliminary ground that the aforesaid Har Prasad Das Jain School, Ara is a private institution; a petition under Article 226 of the Constitution would not lie. Therefore, the present Appeal. Learned counsel Mr. K.N. Chaubey has appeared for the appellant. He has strenuously urged that though it is a private institution, the aforesaid Har Prasad Das Jain School, Ara is a minority school governed by Section 18 of the Bihar Non- Government Secondary School (Management and Taking Over Control) Act, 1981. He has submitted that the aforesaid Section 18 of the Act obliges the school to frame regulations for management Patna High Court LPA No.1199 of 2011 (3) dt.30-08-2011 3 / 3 3 of the school and for redressal of the grievances of the employees of the school in consonance with the principles of natural justice. However, the school has yet not framed such rules. Be that as it may, merely because the aforesaid Section 18 of the Act obliges the school to frame regulations, the school does not come within the purview of Article 12 of the Constitution. We agree with the learned single Judge that a petition under Article 226 of the Constitution would not lie. The Appeal is accordingly dismissed. Interlocutory Application stands disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)