IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14268 of 2007 PANCHA LAL PRASAD, son of Late Ram Dhayan Prasad, at and P.O.- Sikandarpur, Police Station G. B. Nagar Tarwara, District- Siwan, at present Lecturer, Hindi Department, Dharikshan Chaudhary, Inter College, Barhariya, Siwan, District- Siwan. ... Petitioner. Versus 1. THE BIHAR SCHOOL EXAMINATION Board, Senior Secondary, through its Chairman, Budh Marg, Patna. 2. The Secretary, Bihar School Examination Board, Senior Secondary, Budh Marg, Patna. 3. The Ad-hoc Governing Body, through its Secretary, D. C. Inter College, Barhariya, Siwan, District Siwan. 4. The Principal, D. C. Inter College, Barhariya, Siwan, District- Siwan. 5. Ram Badan Giri, Ex-Lecturer, Hindi Department, D. C. Inter College, Barhariya, Siwan, District Siwan. ... Respondents. ----------- 2. 10.11.2010 Having heard learned counsel for the petitioner and learned counsel for the State, this Court is of the considered opinion that this writ application, with the following prayer of the petitioner; “1. That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions, commanding the respondents, including respondent Principal of D. C. Inter College, Barhariya, Siwan to treat the petitioner as a lecturer on the first post of Hindi department of D. C. Inter College, Barhariya, Siwan (hereinafter referred to as the College) in view of the order dated 5.1.2000, issued by the respondent- Secretary to the petitioner, whereby and whereunder, it has been communicated to the petitioner that the Ad- hoc Committee of the College has decided that the petitioner will be function as Lecturer on the first post of Hindi 2 Department of D. C. Inter College, Barhariya, Siwan.” being one exclusively against a private college, not „State‟ within the meaning of Article 12 of the Constitution of India, is not maintainable. At this stage, counsel for the petitioner realizing the said limitation would seek leave to withdraw this writ application in order to enable the petitioner to move the competent Civil Court for ventilation of the grievance for which this writ application was filed. This Court would, accordingly, permit the learned counsel for the petitioner to withdraw this writ application with the aforementioned liberty. kanchan (Mihir Kumar Jha, J.)