WP(C) 6381/2010 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. A.M.Barbhuiya, learned counsel for the petitioner and Ms. Gogoi Medhi, learned Standing counsel, Education Department for the official respondents, wh o accepts notice on their behalf. As agreed to by the learned counsel for the parties this writ pe tition is taken up for disposal at the motion stage. The petitioner is an Assistant Teacher of Rangapani Choudhurypam M.E. Madrassa , in the District of Kamrup, Assam. The petitioner was appointed on 9.7.90 by the Managing Committee of the School. He joined in the post on 11 .1.90 and has been discharging his duties as such till date. But suddenly the H eadmaster of the School refused to allow the petitioner to attend his duties wit h an ulterior motive, allegedly to appoint another favourable candidate in place of the petitioner. Being aggrieved and finding no alternative the petitioner ha s approached this court by filing the instant writ petition for appropriate reli ef. Now the issue before this court as to whether a teacher of a pr ivate/venture School on account of refusal to allow him to discharge his duties can approach this Court for relief as indicated therein under Article 226 of the Constitution of India. A similar issue arose in Writ Appeal No. 227/10 and a Di vision Bench of this Court while disposing of the Writ Appeal No. 227/10 vide o rder dated 28.7.10 held that the venture school being not fall within the meani ng of ’state’ under Article 12 of the Constitution, the petitioner cannot approa ch this Court under Article 226 of the Constitution. The petitioner thus being a teacher of the venture school would also not be entitled to have relief under Article 226 of the Constitution of India. This matter is squarely covered by the order passed in writ appeal as indicated above. The writ petition is accordingly closed. However, the petitione r is given liberty to take refuge in Civil Court, if so advised.