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2007 Supreme(SC) 1893

H. K. SEMA, LOKESHWAR SINGH PANTA
S. K. Varshney – Appellant
Versus
Principal, Our Lady of Fatima H. S. S. – Respondent


Advocates Appeared:
For the Appellant : Dr. R.G. Padia, Sr. Adv., Mr. Udaya Kumar Sagar, Adv., Ms. Bina Madhavan, Adv., Mr. A. Venayagam, Adv. for M/s. Lawyer’s Knit & Co., Adv.
For the Respondent: Dr. M.P. Raju, Adv., Mr. M.K.D. Namboodiri, Adv., Mr. Tara Chandra Sharma, Adv., Mr. Kishan Datta, Adv., Ms. Neelam Sharma, Adv., Mr. Rajeev Sharma, Adv.

ORDER :

1. In these appeals same question of law and facts are involved and they are disposed of by this short common order. The appellants were teachers employed by unaided minority private institutes.

2. In C.A. Nos. 8783-8784/2003, the service of appellant S.K. Varshney was terminated proceeded by an enquiry.

3. Aggrieved thereby, he filed a writ petition before the High Court to redress his grievances.

4. In C.A. No.1382/2006, the appellant Smt. Sudesh Mukul was allowed to superannuate on attaining the age of 58 years. Aggrieved thereby, she filed a writ petition before the High Court for redressal of her grievances.

5. Both the petitions were dismissed by the learned single Judge on the ground that no writ would lie against unaided private institutions and the writ petitions were not maintainable.

6. Aggrieved thereby, writ appeals have been filed before the Division Bench without any result. The Division Bench held that the writ petitions are not maintainable against a private institute. Aggrieved thereby, these appeals have been filed.

7. Counsel for the appellant relied on a decision rendered by this Court in K. Krishnamacharyulu & Ors. Vs. Sri Venkateswara Hindu College of Engine

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