IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.135 of 2009 THE STATE OF BIHAR & ORS Versus MAHADEV LAL KARMKAR & ORS ----------- 5. 2-Jul-09 Heard learned counsel for the State, appellant in this appeal and learned counsel for the respondents/writ petitioner. On behalf of appellant it has been submitted that the Writ Court should not have granted any relief when it was brought to its notice that at the time of his appointment in the Minority School by the Managing Committee, the writ petitioner had only attended the B.Ed course in the session 1987-1988 but his examination was held subsequently in 1991 and he passed that examination in 1992. The rules governing Government Private Schools or Nationalized Schools are not applicable to Minority Schools governed by Managing Committee. The departmental letter contained in Annexure-2/1 to this L.P.A is dated 4.3.1993 and cannot govern the transactions which took place much earlier. The order of termination also mentions only one ground for removal of the writ petitioner from service and that is his not having degree of training when he was appointed in the year 1989. 2 The learned Writ Court has considered the relevant facts in proper perspective and after noticing the same it has rightly set aside the order terminating the writ petitioner’s service in the year 2005 when he had received payment till 1998 and his appointment had already been approved. A decision not to pay his salary after 1998 and to review the approval of his service already granted and on that basis to terminate his service has rightly not been appreciated by the Writ Court. In the facts of the case, we find no merit in the appeal. It is, accordingly, dismissed. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)