Letters Patent Appeal No.306 of 2011 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.306 of 2011(O&M) Date of decision: 12.5.2011 Gram Panchayat Kallu Sohal and another ...Appellants Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. H.S.Bath, Advocate for the appellants. Mr. Suvir Sehgal, Addl. Advocate General, Punjab for respondents No.1 to 4. Ms. Harpreet Kaur, Advocate for respondents No.5,12 and 14. ADARSH KUMAR GOEL, ACJ. 1. This appeal has been preferred against the order of learned Single Judge dismissing the writ petition as not maintainable on the ground that Village Rural Education Development Committee approved by the District Education Officer vide order dated 11.8.2010 under the scheme of Sarva Shiksha Abhiyan was not the State under Article 12 of the Constitution. 2. We have heard learned counsel for the parties. 3. Learned counsel for the appellants submits that the challenge was to the order of District Education Officer dated Letters Patent Appeal No.306 of 2011 -2- **** 11.8.2010 who is clearly State under Article 12 of the Constitution. Moreover, even the committee constituted was under the project of the State Sarva Shiksha Abhiyan is to run by the funds of the State. In this view of the matter, it cannot be held that writ petition was not maintainable. Reliance has also been placed on judgment of Hon'ble Supreme Court in Zee Telefilms Ltd. and another vs. Union of India and others (2005)4 SCC 649. 4. The above factual aspect has not been disputed by the learned counsel for the State and the private respondents. In view of above, we allow the appeal, set aside the impugned order and remand the matter for fresh decision on merits. 5. Let the writ petition be listed as per roster. (Adarsh Kumar Goel) Acting Chief Justice May 12, 2011 (Ajay Kumar Mittal) Pka Judge