Kamalini Dhan and ors. Vs. State of Bihar and ors.

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. - 1. this writ petition has been preferred by petitioners and three interveners for their appointment as assistant teacher (history) in high schools, their names having recommended by the school service selection board, bihar, patna.orders.j. mukhopadhaya, j.1. this writ petition has been preferred by petitioners and three interveners for their appointment as assistant teacher (history) in high schools, their names having recommended by the school service selection board, bihar, patna. 2. according to the petitioners the posts of assistant teacher of other subjects has been filled up in pursuance of direction of the court dated 24th september 1999 passed in cwjc no, 3494/98 and analogous cases. it is alleged that no appointment has been made for the post of history teacher though the recommendation has been made by school service selection board, bihar, patna, vide annexure-3, 3. admittedly the school service selection board, bihar published the advertisement in the year 1991. the petitioners were called for interview vide letter dated 19th july, 1996, held on 13th august, 1996. panel was prepared in the year 1996 and persons were appointed out of merit list. a waiting list followed by a supplementary waiting list was prepared by the school service selection board, bihar, patna vide annexure-3. 4. in the aforesaid circumstances, this court is not inclined to grant relief for appointment out of state panel, on the recommendation of a board which is not binding on the schools situated within the state of jharkhand. the writ petition is accordingly dismissed.