IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.115 of 2010 GHANSHYAM PASWAN S/O LATE SHIB NANDAN PASWAN R/O ADAMPUR, P.S-ADAMPUR, DISTT- BHAGALPUR. . . . . . PETITIONER-APPELLANT. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, BHAGALPUR 3. THE DISTRICT EDUCATION OFFIER, BHAGALPUR 4. THE ADDITIONAL COLLECTOR (ESTABLISHMENT), BHAGALPUR 5. THE PRINCIPAL, C.M.S. HIGH SCHOOL, BHAGALPUR 6. THE PRESIDENT MANAGING COMMITTEE, C.M.S. HIGH SCHOOL, BHAGALPUR 7. THE SECRETARY, MANAGING COMMITTEE, C.M.S. HIGH SCHOOL, BHAGALPUR. . . . RESPONDENTS-RESPONDENTS. ----------- 2/ 19.01.2011 None appears on behalf of the parties. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No. 12761 of 2009, and is aggrieved by order dated 15.12.2009, whereby the writ petition has been dismissed on the ground of its maintainability. We have perused the materials on record. It appears to us that the petitioner’s father was a peon in C.M.C. School, Bhagalpur, a privately managed school, who died on 28.02.2008, while still in harness. The petitioner thereafter filed an application for his appointment on compassionate ground. Inaction on the part of the Managing Committee led to the writ petition, which has been dismissed on the ground that the school is not ‘State’ within the meaning of Article 12 of the Constitution of India and, therefore, the writ petition is not maintainable. 2 We agree with the view taken by the learned Single Judge. The appeal is dismissed. Uday/ (S.K. Katriar, J.) (S. P. Singh, J.)