IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.46 of 2011 IN CWJC No. 6147 of 2004 ==================================================== ARUN RAM, son of Shri Nathuni Ram, resident of village-Manikpur, P.S. Saraiya, District-Muzaffarpur – Petitioner- Appellant . Versus 1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Higher Education, Government of Bihar, Patna. 3. The Director, Higher Education, Government of Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. Director, Prakrit Jainshtra and Non Violence Research Institute, Basokund (Vaishali) District-Muzaffarpur -Respondents- Respondents. ==================================================== Appearance : For the Appellant : Mr. Ram Shankar Das, Advocate For the Respondent: Mr. Maruth Nath Roy, A.C. to SC11 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 23.02.2011 Re. Interlocutory Application No.242 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 25 days occurred in filing the Letters Patent Appeal. On the facts and circumstances of the case, the delay 2 in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No.46 of 2011 This Appeal is preferred by the appellant-a Sweeper in the respondent No.5 Prakrit Jainshashtra and Non Violence Research Institute, Basokund (Vaishali). The appellant filed the above C.W.J.C. No. 6147 of 2004 for regularization of his service. The learned Single Judge has rejected the writ petition on the ground that the appellant failed to establish that the respondent No.5 is a State within the meaning of Article 12 of the Constitution. Feeling aggrieved, the petitioner has filed the present Appeal under Clause 10 of the Letters Patent. The learned Advocate Mr. Ram Shankar Das has appeared for the appellant. He has drawn our attention to the reference to the Department of Higher Education, Government of Bihar made in the letter head of the Institution. We are afraid, that is not enough to hold that the Institution is an instrumentality of the State and a State within the meaning of Article 12 of the Constitution. In absence of any material on the record the learned 3 Single Judge has rightly dismissed the writ petition as not maintainable. No case for interference is made out. We see no merit in this Appeal. The Appeal is dismissed in limine. Bibhash (R.M. Doshit, CJ.) (Jyoti Saran, J.)