IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8997 of 2007 MD.ATIQUL HAQUE, son of Serajul Haque, resident of Mohalla-Old Karimganj, Patali Gali, Police Station- Civil Line, District- Gaya. …Petitioner. Versus 1. THE STATE OF BIHAR through the Director, Higher Education, Human Resources Department, Government of Bihar, New Secretariat, Patna. 2. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 3. The Registrar, Magadh University, Bodh Gaya, Gaya. 4. The Chairman, Governing Body of Mirza Ghalib College, Gaya. 5. The Secretary, Governing Body of Mrza Ghalib College, Gaya. 6. The Principal, Governing Body of Mirza Ghalib College, Gaya. 7. Dr. S. Javed Hassan, son of not known, resident of White House Compound, Road No. 4, Police Station Rampur, Post Office- G. P. O., Gaya, District Gaya. 8. Md. Aftab Alam, son of not known, resident of Panchayati Akhara Rice Mill, Post Office- G.P.O. Gaya, Police Station- Kotwali, District Gaya. 9. Sujat Ali Khan, son of not known, resident of West New Karimganj, Post Office G.P.O., Gaya, Police Station Civil Lines, District- Gaya. 10. Sarwat Shamshi, son of not known, resident of Shamshi Building, Post Office G.P.O. Gaya Police Station Civil Lines, District- Gaya. 11. Dr. Nayar Azam, son of Prof. Hanif Ansari (Retd) resident of Mohalla- Nagmatia, Road No. 4/C, Post Office- G.P.O., Gaya, Police station- Civil Lines, District- Gaya. 12. Dr. Khurshid Alam, son of not known, resident of Mirza Ghalib college (posted at) Police Station Rampur, Post Office- G.P.O., Gaya, District- Gaya. 13. Dr. Fazlur Rahman, son of not known, resident Mirza Ghalib College, Police Station- Rampur, Post Office- G.P.O., Gaya, District- Gaya. 14. Dr. Sarfraz Khan, son of not known, resident of West New Karimganj, Post Office G.P.O., Gaya. Police Station- Civil Lines, District- Gaya. 15. Dr. Nazmi Begum, wife of not known, resident of Railway Quarter, Opposite West Naymatia Road, Post Office- G.P.O., Gaya, Police Station- Civil Lines, District- Gaya. 16. Dr. Md. Jawed Ikbal Khan, son of Mr. Gholam Mustafa Khan, resident of Near Shatabdi Public School, Shatabdi Lane, Katari Hill Road, Aliganj, Post Office- G.P.O., Gaya, Police Station- Rampur, District- Gaya. 17. Dr. Md. Abul Fatah, son of not known, resident of Mirza Ghalib College, Post Office G.P.O., Gaya, Police Station- Rampur, District- Gaya. 18. Dr. Aftab Ahmad Khan, son of Quamrul Hasan Khan, resident of Nagmatia Road, Civil Lines, Post Office- G.P.O., Gaya, District- Gaya. 19. Dr. Syed Iqbal Ahmad, son of not known, resident of White House Compound Road No.2, Police station Rampur, Post Office G.P.O., Gaya, District Gaya. 2 20. Dr. Nishat Fatma, wife of Masood Manzar, resident of Panchayati Akhara, Police Station- Kotwali, Post Office- G.P.O., Gaya, District- Gaya. …. Respondents. ----------- 2. 25.08.2010 Having heard learned counsel for the parties as also taken into account that the prayer of the petitioner made in this writ application reading as follows; “1. That this writ application is being filed for quashing of the appointments of respondent nos. 7 to 20 who have been illegally appointed by respondent no. 4 to 6 when the matter was sub judice before this Hon‟ble Court and further for a direction to the respondents for selection of the petitioner on the post of Lecturer in Mathematics Department in Mirza Ghalib College, Gaya and/or for any other relief or reliefs for which the petitioner may be found entitled to, may be granted.” basically is against the governing body of Mirza Ghalib college which is only an affiliated college. The governing body of such affiliated college cannot be held to be State within the meaning of Article 12 of the Constitution of India and therefore this writ application so far it relates to assailing the decision of the governing body with regard to the appointment of respondent nos. 7 to 20 would not be amenable to the writ jurisdiction. The submission of learned counsel for the 3 petitioner that since the college is an aided college and receives funds for payment of salary from the State Government would make the petitioner entitled to invoke the writ jurisdiction, has to be only noted for its being rejected. Counsel for the petitioner properly could have been correct if in terms of any government decision such appointment made by the Governing Body required prior approval of the State Government and such order accordingly the government approval was under challenge in this writ petition. The writ petition therefore could have been maintainable against such order of the Government but in absence thereof, a decision of Governing Body of a private college only affiliated with the university cannot be made subject matter of writ petition under Article 226 of the Constitution of India because such Governing Body of a private college is not „State‟ within the meaning of Article 12 of the Constitution. Reference in this connection may be made to the Division Bench judgment of this Court in the case of Chandra Nath Thakur vs. Bihar Sanskrit Shiksha Board and others, reported in 1999(1) PLJR 529. 4 Recording the aforementioned settled proposition of law, this writ petition must be held to be not maintainable and is dismissed accordingly. It would be however open for the petitioner to approach the competent authority/court for the relief which has been sought in this writ application. kanchan (Mihir Kumar Jha, J.)