IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10063 of 2009 AJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 09.09.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This application has been filed by the petitioner for quashing the order dated 23.05.2009 passed by the Manager of St. Joseph’s Convent Girl’s High School, (+2), Barh, Patna terminating the petitioner from the service of teacher. Petitioner’s grievance is that he has been terminated without giving any notice and without giving any opportunity of hearing. In his place, a teacher, having lesser qualification than the petitioner, has been appointed. St. Joseph’s Convent Girl’s High School, (+2), is a private minority institution which is not running on the grant of the state government. It is not an instrumentality of the state and as such, not a state as defined under Article 12 of the Constitution. A writ application against the School, in question, is not maintainable under Article 226 of the Constitution of India. However, counsel for the petitioner has tried to persuade that even being the minority institution, it is the obligatory on the part of the institution to take decision within the purview of law and to maintain standard of education for the benefit and welfare of the society. The respondent has terminated petitioner’s 2 service, refusing to fulfill such obligation. Without going into these questions, this application is being dismissed on the point of its maintainability. AKV/ (Mridula Mishra, J.)