IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12004 of 2006 USHA DEVI, W/O LATE MADHU MILAN KUMAR SINGH, R/0 NEW YARPUR,ROAD NO.1 P.O.- G.P.O, P.S.- GARDANIBAGH, DISTRICT-PATNA. …………………PETITIONER. Versus THE STATE OF BIHAR THROUGH THE DIRECTOR HIGHER EDUCATION, NEW SECRETARIAT, PATNA. 2.THE VICE CHANCELLOR THROUGH REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 3.THE SECRETARY, GOVERNING BODY, ORIENTAL COLLEGE, PATNA CITY,PATNA. 4.THE PRINCIPAL, ORIENTAL COLLEGE, PATNA CITY, PATNA. ……………………RESPONDENTS. ----------- 05/ 31.03.2011 Heard counsel for the parties. At the end of the day the prayer of the petitioner seeking a direction for her appointment on compassionate ground, if allowed by this Court would amount to issuance of a writ to the private body namely Oriental College, Patna City, Patna, which cannot be done, inasmuch as, Oriental College, Patna, City is not a State within the meaning of Article-12 and, in fact is out and out a private institution in which the power of appointment of any employee lies exclusively in the governing body of the said College. The contention of Mr. Mukundjee, learned counsel for the petitioner that since this private College is also a minority college and 2 receiving aid and financial grant from the State Government, in the opinion of this Court will not change the situation so far it relates to the claim of the petitioner, for her appointment on compassionate ground inasmuch as the power of appointment in a minority aided institution cannot be exercised by the State Government and/or its officials. The view of the College Principal, that there is neither any policy nor any precedence for making appointment on compassionate ground in the college also makes it clear the scheme of compassionate appointment framed by the Government has not been adopted by the private college. It is also the stand of the University, which has filed its counter affidavit that it cannot do anything in the matter of compassionate appointment in minority Colleges. That being so, this application must be held to be not maintainable and is accordingly dismissed. Ranjan (Mihir Kumar Jha, J. )