IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2470 of 2006 BRAJENDRA KUMAR JHA, son of late Amarkant Jha, resident of village- Pindrauch, P.S. Kamtaul, District- Darbhanga …. Petitioner. Versus 1. THE V.C., KAMESHWAR SINGH DARBHanga Sanskrit University, Darbhanga. 2. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 3. The Secretary, Up-Shashtri Sanskrit College, Pindrauch, District- Darbhanga. 4. The Principal, Up-Shastri Sanskrit College, Pindrauch, District- Darbhanga. …. Respondents. ----------- 3. 29.03.2011 Heard learned counsel for the petitioner as also learned counsel for the State, University and respondent no.4, the Principal of the College. The prayer of the petitioner for appointment on compassionate ground is based on the ground that his father was working in an affiliated Up-Shashtri Sanskrit College, Pindrauch under the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga and since the teaching and non-teaching staffs of this affiliated college were getting grant from the government to the University, the government circular with the regard to compassionate appointment had to be also followed by the College. In the considered opinion of this Court, such claim of the petitioner for appointment on compassionate ground in an affiliated college is wholly misconceived. An affiliated college is a private institution in which the Government may give certain financial grant for payment of salary to the 2 working employee but that will neither make the status of the employee of the affiliated college that of a government servant nor they would become the employee of constituent college for whom alone the University is legally bound to follow the government policy of compassionate appointment in view of its being adopted by the University. As a matter of fact, this Court can also not issue a writ of mandamus to the private affiliated college inasmuch as it is not a 'State' within the meaning of Article 12 of the Constitution of India. Thus, both in absence of their being a provision for appointment on compassionate ground in an affiliated college as also the fact that no right can be said to have been acquired by the petitioner for being appointed on compassionate ground in the aforesaid private college, this writ application must be held to be both not maintainable as also wholly misconceived both on fact or in law. That being so, this writ application is, accordingly dismissed. kanchan (Mihir Kumar Jha, J.)