Dispute regarding payment of salary to employees of private institutions against the sanctioned post cannot be adjudicated under the writ jurisdiction as their service conditions are governed by private law.

Mihir Kumar Jha, J.

1. Heard learned counsel for the parties.

2. The relevant portion of the prayer of the petitioners in this writ application reads as follows:-

“For quashing the resolution of the governing body dated 12.5.2012 taken by the Respondent No. 4 by which a decision has been taken that these petitioners are not working against the sanctioned post therefore they are not entitled for the fund which has been provided by the State Govt. as Govt. aid to the institutions and colleges which are not constituent unit.”

3. Let it be noted that at the outset, learned counsel for the State, Bihar School Examination Board and the Governing Body, have raised a preliminary objection with regard to the maintainability of the writ application and in this regard, they have placed reliance on the judgment of the Division Bench in the case of Santosh Kumar vs. State of Bihar & other, 2013 (1) PLJR 269.

4. Learned counsel for the petitioners, in support of the aforementioned prayer, has submitted that even though such resolution terminating the services of the petitioners has been passed by the Governing Body of the Sadanand Intermediate Mahavidyalaya, Bihar Sharif (hereinafter to be referred to as the College), since the matter would relate to release of government fund by way of aid to the petitioners, a writ application would be maintainable. In this regard, he has not only placed reliance on the judgment of the Apex Court in the case of Shalini Shyam Shetty & another vs. Rajendra Shankar Patil, 2010 (8) SCC 329 but has also referred to an extract of the minutes of the meeting of the Bihar Intermediate Education Council dated 15.10.1981 for demonstrating that the criteria for sanctioned post in the private intermediate college were already laid down by the Intermediate Council. He has further referred to the government decision dated 26.3.2008 to contend that the policy giving financial aid to the recognized intermediate colleges has been formulated by the State Government while doing away with the earlier policy of no financial assistance to the private institution which according to him had itself envisaged that the teachers/non-teaching employees in such institution, working under the prescribed standard of teaching strength, would be entitled for payment of their salary and as such, the petitioners could not be denied payment of salary as all of them were working against such sanctioned post.

5. In the considered opinion of this Court, the impugned order passed by way of resolution of the Governing Body in the meeting held on 12.5.2012, reading as follows:-

^^mijksDr ;kfpdkdRrkZvkssa esa ¼1½ egs'oj izlkn flUgk bl egkfo|ky; esa iz;ksx'kkyk okgd in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSa ¼2½ vfuy dqekj bl egkfo|ky; esa iz;ksx'kkyk rduhf'k;u in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSA ¼3½ t;jke izlkn iz;ksx'kkyk rduhf'k;u in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@05@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSA ¼4½ 'kSysUnz dqekj iz;ksx'kkyk okgd ds in ij dk;Zjr gS] tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSa ¼5½ dkS'kysUnz dqekj iz;ksx'kkyk rduhf'k;u ds in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSA ¼6½ lR;sUnz izlkn iz;ksx'kkyk okgd ds in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSA ¼7½ jes'k pUnz pkScs iz;ksx'kkyk okgd ds in ij dk;Zjr gS tks oh0vkbZ0b0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@08@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSa ¼8½ fofiu fcgkjh flag fyfid in ij dk;Zjr gS tks oh0vkbZ0bZ0lh0 iVuk ds i=kad la[;k 44@94 fnukad 20@8@94 ds vf/klwpuk ds vuqlkj l`ftr in ij ugha gSa ¼9½ jkeukFk izlkn iz;ksx'kkyk rduhf'k;u in ij dk;Zjr gS