IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.831 of 2011 Nagendra Sharma, S/o Sri Dholan Sharma, R/O “Sri Nidhi”, Road No.10, Patel Nagar, P.S. Shastrinagar, Patna........ Appellant Versus The President,Gov.Body,R.P.S.College, Raghunath Path, Bailey Road, Danapur, Patna. 2. The Secretary, Governing Body, R.P.S. College, Raghunath path, Bailey Road, Danapur, Patna. 3. The Principal, R.P.S. College,Raghunath Path, Bailey Road,Danapur, Patna. 4. The State of Bihar 5. Magadh University, Bodh Gaya Bihar through its Vice- Chancellor....................................................................Respondents ----------- For the appellant :- Mr. Nagendra Sharma ( in person ) For the State - Mr. Arun Kr.Prasad, A.C. to G.A.4 ----------- 3 04-07-2011 Heard the appellant who appears in person and learned counsel for the State. We have gone through the order of the learned writ court which has considered the question whether the writ petition would be maintainable in the facts of the case or not and has come to the conclusion that it is not maintainable and has dismissed the writ petition. The appellant submitted that the writ jurisdiction can be exercised even in respect of a private college or affiliated college as per law settled by the Apex Court in the case of K. Krishnamacharyulu Vrs. Sri Venkateswara Hindu College of Engineering ( AIR 1998 SC 295). The writ court has considered the said judgment 2 and has distinguished it on facts that the prayer does not require performance of any public duty but only for interference against alleged termination of service and for a direction to pay the salary. The writ court has considered other judgments of the Apex Court of larger Benches as well as a Full Bench Judgment of this Court in the case of Smt. Manju Devi Vrs. The District Superintendent of Education, Bhagalpur (DB) reported in 1987 PLJR 962. We find ourselves in agreement with the view taken by the writ court. The appeal is, therefore, dismissed. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)