Ajit Kumar, J. – Heard learned counsel for the petitioner, learned counsel for the Central Board of Secondary Examination (hereinafter referred as ‘CBSE’) and learned counsel for the St. Michaels High School (Respondent nos.7 & 8).

2. The petitioner has moved before this Court for the following reliefs: –

(i) For quashing of the order dated 05/06.11.2020 issued under the seal and signature by the Assistant Secretary (Grievance), Central Board of Secondary Examination, Patna vide its Letter No.CBSE /RO/PTN/707/2020/50747 dated 05/06.11.2020 (Annexure-48), wherein the Assistant Secretary (Grievance) upheld the exparte dismissal order dated 17.10.2020 (Annexure-46) issued under the seal and signature of Fr. Seraphim John SJ, Vice President, Saint Michele's Education Association, Patna pursuant to the Governing Body resolution dated 16.10.2020 in third domestic enquiry during her illness or in alternatively for quashing the appellate order dated 03.12.2020 (Annexure-55) issued under the seal and signature of Fr. Donald Miranda S.J., President, Saint Michele's Education Association, Patna, wherein the President, Saint Michele's Education Association, Digha Ghat P.O., Patna-800011 upheld the dismissal order dated 17.10.2020 (Annexure-46) issued under the seal and signature of Fr. Seraphim John SJ, Vice President, Saint Michele's Education Association, Digha Ghat P.O., Patna-800011 pursuant to the Governing Body resolution dated 16.10.2020in violation of her fundamental & legal rights under Article-14, 19, 21 & 21A the Constitution of India, under section-21, 23, 24 & 32 the Right to Children to Free and Compulsory Education Act, 2009, Rule -6, 45, 47 & 49 Central Board of Secondary Education Affiliation Bye-Law and Rule-13 of the St. Michael's School Staff and Employees Service Conditions in violation of principle of natural justice.

(ii) Awarding compensation for illegal dismissing the petitioner from the service in violation of her fundamental & legal rights under Article-14, 19, 21 & 21A the Constitution of India, under section- 21, 23, 24 & 32 the Right to Children to Free and Compulsory Education Act, 2009, Rule -6, 45, 47 & 49 Central Board of Secondary Education Affiliation Bye-Law and Rule-13 of the St. Michael's School Staff and Employees Service Conditions in violation of principle of natural justice.

(iii) Granting any other(s) reliefs) which the petitioner is entitled in the facts and circumstances of this case.

3. Learned counsel for the petitioner submits that the petitioner was a Permanent Assistant Teacher in Pre-Primary Section of St. Michael’s High School, Patna, imparting elementary and secondary education from LKG to 12th Class and having affiliation with the CBSE. The petitioner is said to be aggrieved by the actions and omissions of the respondents, who violated fundamental and legal rights of the petitioner under the Right to Children to Free and Compulsory Education Act, 2009 and CBSE Affiliation Bye-Laws.

4. In this case, notices were issued, and the main contesting parties have appeared. The learned counsel for the CBSE has taken the stand that this writ application is not maintainable, as it is primarily a private dispute between the management and the petitioner, and as such, the Institute/School is not covered by Article 12 of the Constitution of India. Therefore, the writ application cannot be maintained against a private management body.

5. It is worth to note that a similar stand has also been taken by the learned counsel representing the School, who, in support of his submission, relies upon the judgment rendered by the Hon’ble Apex Court reported in AIR Online 2022 SC 1324 (St. Mary’s Education Society and Anr. vs. Rajendra Prasad Bhargava and Ors.). He further submits that another recent judgment delivered by the Apex Court on the same issue, reported in AIR 2024 SC (Supp) 801 (Army Welfare Education Society New Delhi vs. Sunil Kumar Sharma and Ors.), which also addressed the question of maintainability