IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2099 of 2006 Dr.Narendra Rai, son of late Ramjee Prasad Rai, resident of village Parvejabad, P.O. + P.S Sonepur, District Saran (Chhapara) … Petitioner Versus 1. The State Of Bihar 2. The Director, Madhyamik Shiksha Bihar, Patna 3. The District Magistrate, Saran (Chhapara) 4. The District Education Officer, Saran (Chhapara) 5. The Regional Director of Education, Saran (Chhapara) 6. The Secretary, Management Committee, Laloo Prasad Yadav High School, Sabalpur, Sonepur, Saran … Respondents ---------------------------------- 4. 19.12.2011 Having heard counsel for the parties this Court is satisfied that as the dispute in this case arises out of a proprietary school, having no Governmental control in its administration and that the school in fact is wholly a private school where the Government does not have even any commitment for making payment of salary, the grievance of the petitioner relating to filling up the post of Headmaster by the Managing Committee of the school cannot be gone into in writ jurisdiction under Article 226 of the Constitution of India. The Managing Committee of a private school, not being the State within the meaning of Article 12 of the Constitution of India, no writ petition can lie at the instance of the petitioner for the dispute raised herein. Counsel for the petitioner having ultimately appreciated this aspect in view of aforesaid observations seeks permission to withdraw this application in order to enable the petitioner to file a civil suit before the court of competent jurisdiction for the relief prayed in this writ application. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty. (Mihir Kumar Jha,J.) Surendra/