1. Heard the learned Counsel for the parties.

2. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 15.9.2004 passed by learned Single Judge in CWJC No. 1228/97 whereby the learned Single judge allowed the writ petition filed by the writ petitioner (respondent No. 1 herein) and quashed the order of termination of the petitioner from service.

3. Mr. Indrajeet Sinha, learned Counsel appearing on behalf of the appellant firstly submitted that the writ petition itself was not maintainable against the appellant-Managing Committee of the Minority school aided by the Government.

4. Admittedly the school in question is a minority school aided by the Government and run by a trust. The school is also governed by the provisions of Bihar Non-Government Elementary Schools (Taking over Management and Control) Act, 1976 and the rules framed thereunder. In such circumstance it cannot be held that the action of the Managing Committee is not subject to judicial review.

5. Learned Counsel for the appellant then contended that the impugned judgment of the learned Single Judge suffers from error of law because the learned Judge has re-appreciated the entire