IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1124 of 2007 Sukrit Saha, son of Saroj Coomar Saha, Principal of Ram Mohan Roy Seminary, Khazanchi Road, Patna- 800 004, resident of Principal’s quarter, Ram Mohun Roy Seminary, Khazanchi Road, Patna: 800 004. ---------- Petitioner Verus 1. The State of Bihar. 2. The Secretary-cum-Commissioner, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Bihar, Patna. 4. The Deputy Director of Education (In-charge, Minority Schools Matter), Bihar, Patna. 5. The District Education Officer, Patna. 6. The Sub-Divisional Education Officer, Patna Sadar, Patna. -------- Respondents ----------- 3 22.7.2011 No one appears on behalf of the petitioner. Counsel for the State is present. From the pleadings of the writ application, it would be clear that the sole grievance of the petitioner, a Teacher in a private school receiving financial aid from the State Government, is with regard to the payment of salary for the period December, 2005 onwards. Learned counsel for the State has explained that the salary of the petitioner for the period December, 2005 to 3.3.2006, on the basis of absentee statement and attendance register, has already been paid vide cheque no. 71147 dated 30.3.2007. He has also submitted that the salary for the period 4.3.2006 to 9.10.2006 has been, however, withheld, inasmuch as, the private management of the Ram Mohan Roy Seminary, Patna has not found the petitioner to be working in the relevant period and such dispute is still undecided between the petitioner and the management of the private school. 2 That being so, when the counsel for the petitioner has also not appeared, this Court must hold that this writ application, so far question of payment of salary for the disputed period is concerned, is not maintainable, inasmuch as, Ram Mohan Roy Seminary is not a state within the meaning of Article 12 and the State cannot do anything unless the private management sends the absentee statement showing the petitioner to be working in the relevant period for release of fund by way of grant/aid. The appointing authority and the controlling authority of the petitioner is still the Managing Committee of the private school of Ram Mohan Roy Seminary and such dispute between the petitioner and private management of the school of the petitioner cannot be adjudicated under writ jurisdiction of this court. That being so, there is no merit in this writ application and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)