IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13016 of 2007 Md. Danish Mahfuz, son of Late Md. Muslim, Resident of Village Post and P.S. Amdabad, District Katihar. ------ Petitioner Versus 1. The State of Bihar. 2. The Bihar State Education Board, Patna through its Chairman. 3. The Chairman, Bihar State Madarsa Education Board, Bihar, Patna. 4. The District Education Officer, Katihar. 5. The Madarsa Mohammdiya, Madarsa No.303, at Bishanpur Parardi, P.S. Baisi, District Purnea through its Secretary. 6. The Secretary, Managing Committee, Madarsa Mohammadiya Bishanpur Parsarai, Madarsa No.303, P.S. Baisi, District Purnea. 7. The Principal, Madarsa Mohammadiya, Bishanpur Parsarai, Madarsa No. 303, P.S. Baisi, District Purnea. --------- Respondents ----------- 2 8.4.2011 Having heard learned counsel for the petitioner and counsel for the State as also counsel for the Madarsa Board, this Court must hold that the writ application, seeking compassionate appointment of the petitioner in a private Madarsa controlled by its Managing Committee, is not maintainable. Such Managing Committee is not the state within the meaning of Article 12 of the Constitution of India. Merely because the Madarsa, in question, receives certain grant-in-aid from the State, that will not change the fact that neither the father of the petitioner was a Government servant nor the Government policy of compassionate appointment dated 5.10.1991 2 would automatically become applicable to a private institution. That being so, this Court must hold this writ application not maintainable and is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)