IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5737 of 2010 1. RANDHIR KUMAR SINGH S/O SRI BHARAT SINGH R/O VILL.- KUNDALA, P.S. SALAIYA, DISTT.- AURANGABAD 2. AJAY KUMAR S/O DEEP NARAIN YADAV R/O VILL.- KUNDALA, P.S. SALAIYA, DISTT.- AURANGABAD-----PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH CHIEF SECRETARY, OLD SECRETARIATE, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, VIKAS BHAWAN, PATNA 3. THE BIHAR EDUCATION PROJECT COUNCIL THROUGH PROGRAMME OFFICER, BELTRON BHAWAN, SHASTRI NAGAR, PATNA 4. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT MANAGING COMMITTEE, AURANGABAD 5. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME CO-ORDINATION, AURANGABAD 6. THE BLOCK EDUCATION EXTENSION OFFICER, MADANPUR DISTT.- AURANGABAD 7. THE ORGANISOR, VIDYALAYA EDUCATION COMMITTEE MIDDLE SCHOOL PIRTHU THROUGH INCHARGE HEADMASTER P.S. MADANPUR, DISTT.- AURANGABAD 8. RAJESH KUMAR S/O SRI JAI KUMAR SINGH R/O KUNDALA, P.S. SALAIYA, DISTT.- AURANGABAD 9. RUPESH KUMAR S/O SHRI ARJUN SINGH R/O KUNDALA, P.S. SALAIYA, DISTT.- AURANGABAD------RESPONDENTS ----------- 2 6.1.2011 Having heard learned counsel for the petitioner and learned counsel for the State, the only reason why this Court is not willing to interfere or give any direction to the respondents is because the Court has serious reservation whether the Court can deal with the issue and exercise power of writ court when admittedly the post for which the petitioner is litigating or fighting is not a civil post under the State. Non interference by this Court does not mean that the petitioner has no civil right. He may have remedy before other forum but not before the High Court under writ jurisdiction looking at the nature of the assignment and the work which is associated with the so called post. This writ application is permitted to withdraw with the above observation to explore other avenue. RPS (Ajay Kumar Tripathi,J.)