The case has chequered history.
The Division Bench vide impugned order dated 21.01.2008 dismissed the L.P.A. filed by the appellant and affirmed the order passed by learned Single Judge.
Being aggrieved, Managing Committee filed an appeal before the Special Director, Secondary, Primary and Adult Education Respondent number2, under Section 24 of the Bihar Sanskrit Shiksha Board Act, 1981.
Learned Single Judge placed reliance upon the Judgment of the Patna High Court in Chandra Nath Thakur v. The Bihar Sanskrit Shiksha Board Ors.,
Being aggrieved, the appellant has filed the writ petition before the High Court.
The Special Director Secondary Education by Order dated 13.12.1997 remanded the matter back to the Chairman, Bihar Sanskrit Shiksha Board, with a direction to reconsider the matter in the light of the grounds taken in the appeal.
1999 1 PLJR 529 and by Order dated 29.04.1999 dismissed the writ petition and held that in matters relating to the termination of the teachers by the Managing Committee of the private school, the writ petition is number maintainable and accordingly dismissed the writ petition.
Being aggrieved by remand of the matter to the Chairman, Bihar Sanskrit Shiksha Board, the appellant filed writ petition before the High Court seeking to quash Order dated 13.12.1997.
During the pendency of the writ petition, the service of the appellant was terminated on 23.12.1994.
On 01.10.1994, the appellant received the companymunication informing Signature Not Verified that he was suspended on account of his absence on the eve of Digitally signed by MAHABIR SINGH Date 2019.07.18 181251 IST Reason Independence Day and Teachers Day.
On certain allegations, against the appellant by the School Department, a show cause numberice was issued to him on 06.09.1994.
On 03.08.1996, the Chairman, Bihar Sanskrit Shiksha Board, companysidered the matter on the basis of representation of the appellant against the order of dismissal passed by the Managing Committee and found that the punishment of termination of the appellant from service was disproportionate and directed reinstatement of the appellant.
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 number State within the meaning of Article 12 of the Constitution of India and hence the writ petition of the petitioner is number maintainable.
The appellant was appointed as a Sanskrit teacher on 01.01.1985.
In the impugned order, the Division Bench of the High Court has also placed reliance on Chandra Nath Thakur v. The Bihar Sanskrit Shiksha Board Ors.,
Being aggrieved, the appellant has filed L.P.A. NO.670 of 1999 before Division Bench of the High Court.
