IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7235 of 2009 Taimur Ali, son of late Sk. Samsuddin, Teacher, Azizia Madarsa Mohana Chandpur, Tola-Jharkaha, P.O. Basgar, P.S. Barari, Dist. Katihar. --------- Petitioner Versus 1. Bihar State Madarsa Educatin Board through its Secretary/Chairman, Madarsa Educatin Board, Bihar, Patna. 2. The State of Bihar. 3. The D.E.O., Katihar. 4. The Managing Committee, Madarsa Azizia Mohana Chandpur through its Secretary, P.S. Barari, Dist. Katihar. 5. Md. Matiur Rahman, son of Habibpur Rahman, Head Moulvi Madarsa, Azizia Mohana Chandpur, P.S. Barari, Dist. Katihar. -------- Respondents ----------------- 8 08.12.2011 Having heard learned counsel for the parties and taking into account the dispute as with regard to either putting signature in the attendance register by the petitioner or his payment of salary is exclusively between him and a private managing committee of a recognized Madarsa, whose teachers only gets payment of salary by way of grant from the State Government, it must be held that this writ application for payment of salary for the work allegedly done by him, cannot be gone into within the ambit of Article 226 of the Constitution of India, inasmuch as, such a managing committee is not a ‘State’ within the meaning of Article 12. The petitioner, therefore, may approach competent civil court for claiming 2 his salary against the private managing committee. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)