ORDER :

1. This appeal arises out of judgment and order dated 21st January, 2008 in L.P.A. No.670 of 1999 in and by which the Division Bench of the High Court of Patna affirmed the judgment of learned Single Judge holding that the Management Committee of the private schools is not “State” within the meaning of Article 12 of the Constitution of India and hence the writ petition of the petitioner is not maintainable.

2. The case has chequered history. The appellant was appointed as a Sanskrit teacher on 01.01.1985. On certain allegations, against the appellant by the School Department, a show cause notice was issued to him on 06.09.1994. On 01.10.1994, the appellant received the communication informing that he was suspended on account of his absence on the eve of Independence Day and Teachers’ Day.

3. Being aggrieved, the appellant has filed the writ petition before the High Court. During the pendency of the writ petition, the service of the appellant was terminated on 23.12.1994. Learned Single Judge of the High Court vide Order dated 31.08.1995 disposed of the writ petition with the consent of both the parties observing that the appellant may agitate his rights before the Chairman of