Smt. Kaushalya Kumari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15058 of 2024 ====================================================== Smt. Kaushalya Kumari Chaudhary wife of Nagendra Chaudhary resident of Mohalla 101. Nehru Nagar, Harijan Colony, East Mainpura, Police StationPatliputra, District Patna, Pincode 800013 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The St. Joseph Convent High School, Bihar Board, Mahendru, Bankipur, Patna through the Principal.

3.

The Account General, R-Block, Patna, Bihar 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kant Singh For the Respondent/s :

Mr. Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2024

1. Heard learned counsel for the parties concerned.

2. The present writ application has been filed for commanding the respondent no. 2 (St. Joseph Convent High School, Bihar Board, Mahendru, Bankipur, Patna) to reinstate the petitioner on the post of Laboratory Assistant in the school, from where, the petitioner has forcibly been retired.

3. Learned counsel for the State submits that the respondent no. 2 is a missionary school and does not come under the purview of the Article 12 of the Constitution of India.

4. In view of the aforesaid, the present writ application, as

Patna High Court CWJC No.15058 of 2024(2) dt.08-10-2024 2/2 filed against the private institution, registered under the Society Registration Act, is not maintainable.

5. This writ application is, accordingly, dismissed as not maintainable.

(Anil Kumar Sinha, J) ashwani/- U