WP(C) 6407/2010 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 accepted 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 Pre-Senior Madrassa , Borbond Part-I, in the District of Hailakandi, Assam. The petitioner was appo inted on 01/11/99 by the Managing Committee of the School. He joined in the pos t on 01/11/99 and has been discharging his duties as such till date. But sudden ly the Headmaster of the School refused to allow the petitioner to attend his du ties , however a teacher similarly appointed is allowed to work in the instituti on. Being aggrieved and finding no alternative the petitioner has approached thi s court by filing the instant writ petition for appropriate relief. Now, the issue before this court as to whether a teacher of a p rivate/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 th e Constitution of India. A similar issue arose in Writ Appeal No. 227/10 and a D ivision Bench of this Court while disposing of the another Writ Appeal No. 227/1 0 vide order dated 28.7.10 held that the venture school being not fall within th e meaning of state under Article 12 of the Constitution. The petitioner , there fore, cannot approach this Court under Article 226 of the Constitution. The peti tioner 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 c overed by the order passed in the 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.