IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4639 of 2009 Dinesh Prasad Yadav, son of late Rajeshwar Prasad Yadav, resident of village Tindharia (Kursela), P.S. Barari, P.O. Ayodhyaganjbazar, District Katihar, Pin- 854108 at present Lecturer, Surya Narayan Singh Yadav College, Rambagh, Purnea … Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Secondary, Primary and Adult Education, New Secretariat Building, Patna 2. The Bihar School Examination Board, Patna through the Chairman, Bihar School Higher Education Board, Budh Marg, Patna 3. Surya Narayan Singh Yadav College, Rambagh, Purnea through its Secretary, residing at Mohalla Madhubani Shastrinagar, P.S. Khajanchi Hat, District Purnea 4. Dr. Shio Narayan Yadav, Secretary of Surya Narayan Singh Yadav College at Rambagh Purnea, residing at Mohalla Madhubani Shastrinagar, P.S. Khajanchi Hat, District Purnea 5. The Ad-hoc Committee of the Surya Narayan Singh Yadav College, Rambagh, Purnea through the Sub-divisional Magistrate, Sadar, Purnea 6. The Sub-divisional Magistrate, Sadar, Purnea 7. Dr. Awadhesh Kumar Biswas, son of late Chhedi Lal Biswas, resident of village Barsauni, P.S. Sadar, District Purnea … Respondents ---------------------------------- 4. 15.11.2011 Having heard counsel for the parties and taking into account that the impugned order dated 8th July, 2008 has been passed by the Convener of a private Intermediate College, this Court must hold that the writ application for the reliefs claimed herein is not maintainable, inasmuch as such a private body whether governing body or an Ad-hoc Committee or its Convener is definitely not the State within the meaning of Article 12 of the Constitution of India. That being so, this application is wholly misconceived. It, however, goes without saying that the petitioner will not be remediless against the action of the private body, 2 inasmuch as he can still file a civil suit assailing the decision of the governing body/ Ad-hoc Committee or its Convener. In the event such a civil suit is filed, the competent court of civil jurisdiction will decide the matter on merit without being prejudiced that this writ application has failed. The writ application in fact has only been held to be not maintainable in view of the fact that the author of the impugned order is not the State within the meaning of Article 12 of the Constitution of India. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/