V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the petitioner for following reliefs: "(i) issue a writ, order or direction in the nature of certiorari, quashing the order dated 16.4.2009 passed by Principal, Saraswati Bal Mandir Uchchatar Madhyamik Vidyalaya, Kshav Nagar, Hapur, District Ghaziabad (Annexure-4 to this writ petition). (ii)issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the peaceful functioning of the post as P.G.T. teacher in Hindi subject in the institution and to pay salary to the petitioner month to month regularly admissible to the said post. (iii)issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to decide the representations filed by petitioner dated 3.5.2009 and 15.5.2009 (Annexure-5 and 6 respectively to the writ petition) within the time so fixed by this Hon. Court. (iv) issue any other suitable writ, order or direction to which this Hon'ble Court may deem fit and proper in the circumstances of this case. (v) award the cost of this writ petition in favour of the petitioner." Brief background of the case is that Saraswati Bal Mandir Uchchatar Madhyamik Vidyalaya, Kshav Nagar, Hapur, District Ghaziabad, is an institution run and managed by a society registered under Societies Registration Act, 1860. It has got its affiliation with Central Board of Secondary Education (CBSE), New Delhi and the provisions as contained under the terms and conditions of affiliation relating to disciplinary proceedings are applicable. Petitioner claims that she has been performing and discharging duties as Assistant Teacher since 11.07.2007, and her work and conduct at all point of time has been satisfactory. Petitioner submits that thereafter her services have been dispensed with. At this juncture, present writ petition has been filed. Learned Counsel for the petitioner, Sri N.K. Tripath, Advocate, appearing with Sri R.P. Dubey, Advocate, contended with vehemence that in the present case, terms and conditions of the bye-laws have been violated with impunity, as such writ petition deserves to be allowed. Countering the said submission Sri H.N. Pandey and Sri Nalin Kumar Sharma Advocates, appearing on behalf of respondents, on the other hand, contended that the institution in question is affiliated to the Central Board of Secondary Education; as such this writ petition is incompetent and not maintainable. As the question of maintainability of writ petition has been raised first, as such this issue has to be decided first. The issue raised has already been answered by Full Bench of this Court in the case of M.K. Gandhi and others vs. Director of Education (Secondary), U.P. Lucknow and others, (2005) 3 UPLBEC 2187, and as per the said Full Bench judgment, writ petition is not maintainable, and it has also been held that the affiliation bye-laws and Service Rules are not at all of statutory character. Thus, the writ petition is not maintainable. Coupled with this, against the observations which has been made qua Delhi Public School in the Full Bench judgment of this Court, Civil appeal No.399 of 2007 had been filed by the Committee of Management, Delhi Public School and the Apex Court did not approve the subsequent observation and directions given by this Court after holding that writ petition is not maintainable against the private body. Hon'ble Apex Court has taken the view that the direction given to CBSE is totally misconceived and uncalled for, specially in the background that the High Court has taken the view that the institution is not falling within the ambit of Article 12 of the Constitution and writ petition was not maintainable, there was no necessity for giving direction to the CBSE, which virtually amounted to granting a declaration in favour of those teachers, whose services have been terminated. In the said judgment, it has been reiterated that in fact writ petition is not maintainable against private school, as it is not State and no direction could have been issued by the High Court to the CBSE for Interfering with the termination of teachers. Proper remedy for teachers was to file civil suit for the damages, if any. In view of above discussion, writ petition is dismissed as not maintainable.;