IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3531 of 2011 Rajneesh Kumar, son of late Birendra Sharma, resident of village Khushdihara, P.O. Paria, P.S. Paria, District Gaya----------------petitioner Versus 1.The State of Bihar, through the Secretary, Human Resources Development Department, Old Secretariat, Patna 2.The Chairman, Bihar Sanskrit Shiksha Board, Patna 3.The Secretariat, Bihar Sanskrit Shiksha Board, Patna 4.The District Magistrate-cum-Collector, Gaya 5.The Secretary, Sri Ramanuj Sanskrit Primary-cum-High School, Khushdihara, Paria, Gaya 6.The Headmaster, Ramanuj Sanskrit Primary-cum-High School, Khushdihara, Paria, Gaya-----------------------------------------respondents ----------- For the petitioner :Mr.Deelip Kumar Jha, Advocate For the State :Mr.Pramod Kumar Sinha, Advocate For B.S.S.B. :Mr.Awadhesh Pd.Sinha, Advocate For Managing Committee:Mr.Rajesh Kumar, Advocate ------ 4 29.11.2011 Heard learned counsel for the petitioner and learned counsels for the Bihar Sanskrit Shiksha Board, for the State and for the private respondent No.5. The petitioner seeks a direction on the District Magistrate-cum-Collector, Gaya to dispose of the application filed by the petitioner which is for compassionate appointment in Sri Ramanuj Sanskrit Primary-cum-High School, Khushdihara, Paria, Gaya. Learned counsel for the Bihar Sanskrit Shiksha Board points out that the above-mentioned institution is a private institution and no chit of paper has been brought on the record to show that the same is a Governmental Institution or 2 it is receiving grants from the State Government and, according to him, the writ petition itself does not appear to be maintainable and no such direction as sought in it ought to be issued. Learned counsel for the State also supports the aforesaid stand. On hearing learned counsels for the parties and perusing the materials on the record I find that the petitioner is unable to satisfy this Court that the relief sought by him from such private institution can be granted to it. A writ of mandamus can only be issued if an enforceable legal right is denied by the respondents who are State under Article 12 of the Constitution or who may have any statutory or executive duty to perform viz-a-viz the petitioner. No such statutory provisions or Rules or Resolutions or Executive instructions of the Government applicable to the petitioner has been brought to the notice of the Court. In the above circumstances, the writ application is not maintainable and it is, accordingly, dismissed. Spal/ (Ramesh Kumar Datta, J.)