The main legal point established in the judgment is that the C.B.S.E. has no administrative or disciplinary control over the employees of affiliated schools, and a writ application against the Managing Committee of a privately managed school is not maintainable.

Mihir Kumar Jha, J.

1. Having heard Mr. Yogendra Mishra, learned counsel for the petitioner and Sri Vinay Krishna Tripathi, learned counsel for the C.B.S.E. as with regard to the following relief:-

"2(i) A writ in the nature of certiorari quashing the letter dt. 15.10.03 issued by the respondent no. 3 as contained in Annexure-3, be issued.

(ii) An appropriate writ, order or direction commanding the respondents 1 and 2 to consider and dispose of the petitioners representations (Annexure-4 and 5) within a time frame, be issued.

(iii) An appropriate writ, order or direction commanding the respondents 3 to 5 to allow the petitioner in continuous service with all emoluments, be issued."

this Court is of the considered opinion that as the DAV College Managing Committee (Respondent No. 3) or its Regional Director or the Principal are not the State within the meaning of Article 12 of the Constitution, no writ application can be maintained by the petitioner as against them. Since the relief no. 2(i) & (iii), as quoted above, are exclusively against the respondent nos. 3 to 5, this writ application, must fail only on account of its being not maintainable.

2. Mr. Mishra, however, with reference to the relief sought in paragraph no. 2(ii) of this writ application, has submitted that since the school, in question, though being run by the private Managing Committee, is affiliated to the Central Board of Secondary Education (C.B.S.E.), the C.B.S.E. was required to dispose of the representation filed by the petitioner against the order of his removal from service passed by the Managing Committee of the School. To that extent, he would also rely on Clause-19 of the agreement by virtue of which the petitioner came in service, reading as follows:-

"19. The committee and the Party No. 1 agree that any dispute arising out of or relating to this contract including any disciplinary action leading to the dismissal or removal from service or reduction in rank etc. shall be referred for arbitration of any person to be nominated by the Chairman of Society running the School and if the arbitrator fails or neglects to act or becomes incapacitated, the Chairman of the society shall nominate any other person to fill the vacancy of arbitrator."

3. Mr. Vinay Krishna Tripathy, learned counsel for the C.B.S.E., however, points out that there is no obligation on the part of the C.B.S.E. to look into the service condition of the petitioner, inasmuch as, he was appointed on the post of Teacher by the D.A.V. Public School, Dumra being managed by D.A.V. College Managing Committee. He has also submitted that the C.B.S.E. has no role to play, in as much as, C.B.S.E. has no disciplinary control over the teaching and non-teaching employees of any school having its affiliation.

4. In the considered opinion of this Court, the reliance placed by Mr. Mishra, learned counsel for the petitioner on the aforementioned Clause-19 of the contract as provided in the affiliation Bye-laws is wholly misplaced. It has to be taken into consideration in Chapter-VII, prescribing service rules for employees in the affiliation Bye-laws, the power of appointment and administrative control as well as disciplinary control of the teaching and non-teaching employees of an affiliated school to C.B.S.E. has been vested exclusively in the Managing Committee of such affiliated school. That is how, Bye-law 24(1) of Chapter-VII under the heading Service Rules For Employees lays down that each school affiliated with C.B.S.E. shall frame its own service rules for its employees and Bye-law 24(2) thereof envisages execution of a service contract between the management of such affiliated school, described on one hand and in the prescribed format of agreement contained in Appendix-III.

5. In this context it would be also useful to extract the beginning paragraph of the covenant of the agreement under the heading "Contract of Service" or Appendix-III which reads as follows:-

Appendix-III

CONTRACT OF