WP(C) 5669/2011 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. K. C. Roy, learned counsel for the petitioner, and Mr. J. Abedin, lear ned Standing Counsel, Education Department, appearing for the respondents Nos.1 to 3. The petitioner is principally aggrieved by her removal from the post of Assistan t Teacher in Deshbandhu Smrity Girls M.E. Vidyapith, district Dhubri, and appoin tment of the respondent No.5 to the post, which the petitioner ha s been holding . While considering the present writ petition, it needs to be noted that the schoo l, in question, is not a provincialised school. There is no pervasive control of the Government over the affairs of the school. Though the school, in question, is, according to the petitioner, a recognized school and has also received finan cial assistance, these two factors would not, in themselves, make Deshbandhu Smr ity Girls M.E. Vidyapith a State or an instrumentality of the State within the m eaning of Article 12 of the Constitution of India. Situated thus, it is clear that no writ, in the nature of certiorari or mandamus , can be issued to the management or administrator of the said school. This writ petition is, therefore, not maintainable and cannot survive. The remedy of the petitioner lies in instituting appropriate civil suit in the court of competent jurisdiction. In the result and for the foregoing reasons, this writ petition is not admitted and shall accordingly stand dismissed. No order as to costs.