A.K.GANGULY, J.

1. This Letters Patent Appeal and the writ petition were heard together as they involve identical questions which will appear from the discussions below :-

2. Letters Patent Appeal No. 1614 of 1995 is directed against a judgment dated 3-11-1995 passed in C.W.J.C. No. 6993 of 1995 by a learned single Judge of this Court whereby His Lordship was pleased to hold that the Bihar Industrial and Technical Consultancy Organisation Limited (hereinafter referred to as BITCO) is not a State within the meaning of Art. 12 of the Constitution. Consequently His Lordship held that the writ petition filed by the appellant impugning the action of the management of the BITCO which has resulted in his dismissal from service is not maintainable.

3. In C.M.J.C. No. 3468 of 1995 the petitioner challenged the order of his dismissal from the services of BITCO and in that case also a preliminary objection was raised about the maintainability of the writ petition. The learned single Judge before whom this preliminary objection was raised, referred the matter to the Division Bench for hearing on the question of maintainability of the writ application. It is, thus appearent that in both