A writ cannot lie if the rights are purely of a private character without any public law element.

V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner inter-alia seeking the following reliefs:-

A. Issue a writ, order or direction in the nature of mandamus, directing the Respondents to release DA arrears of the petitioner w.e.f 03 Oct 2006 as declared for the employees of the State of Madhya Pradesh from time to time which come to more than seven lakhs in this case; and

B. Issue direction to the Respondents to fix her pay as per Sixth Central Pay Commission recommendations/acceptance w.e.f 03 Oct. 2006 instead of 01 July 2009; and

C. Grant 12% interest on the arrears.

2. It is the case of the petitioner that she was appointed as a Lecturer on probation at Army Centre for Education (ACE), Panchmarhi, Madhya Pradesh on October 3, 2006. She was confirmed on the said post on September 29, 2008. According to her, in terms of Rules & Regulations of AWES/respondent No.1, as amended, it was stipulated that the regular employees of the society would be paid HRA and DA as per the rates applicable in the State in which the college is located. On September 9, 2009, a letter was issued by the Dy. Managing Director, AWES clarifying that the ACE employees would be paid basic pay as per Sixth Pay Commission w.e.f July 1, 2009 and DA and HRA would be applicable at the rates applicable in the State where the college is located. On not receiving the DA as per the rates applicable in the State of Madhya Pradesh, she wrote a letter to the Managing Director, AWES/respondent No.1, Delhi Cantt. on July 26, 2010 for payment of the same. According to her, till May 21, 2012, the issue of DA arrears remained pending, which compelled the petitioner to send a reminder. On October 28, 2014, a further letter was sent to Managing Director, AWES/respondent No.1 and Chairman, board of Governors to intervene in the matter to resolve DA and pay fixation as per recommendations of Sixth Central Pay Commission. According to her, on November 21, 2014, the respondents had turned down the application on the plea of financial constraints.

3. When the matter was listed for hearing on July 14, 2015, an issue of maintainability of the writ petition was raised inasmuch as, apparently, the respondent No.1 not being a ‘State’, instrumentality of State or other Authority within the meaning of Article 12 of the Constitution of India would not be amenable to the jurisdiction of this Court under Article 226 of the Constitution of India.

4. The matter was adjourned to July 15, 2015 when learned counsel for the petitioner has placed before me, a document which appears to be Rules and Regulations of the Army Welfare Education Society, the respondent No.1 herein. According to him, on perusal of Rule 127 of AWES Rules & Regulations, specifically the one relates to qualification of Principal, HOD and Lecturer, it is noted that the same would be as per the qualifications prescribed by different authorities under the Government of India like UGC, AICTE, NCTE, BCI, DCI, MCI etc. He would also submit that in terms of the said Rules, the DA and HRA to regular confirmed employees will be admissible at the rates applicable to the State where the college is located. It is his contention that the respondents being involved in imparting education are discharging public function. He also draws my attention to page 3 of the writ petition, wherein an averment has been made that the administrative control and management of the respondent No.1 society i.e Army Welfare Education Society is in the hands of High Ranking Serving Defence Officers namely Chief of Army Staff; President of the Society and the Board of Governors is headed by Adjutant General of the rank of Lieutenant General. The college is built on the Defence land and therefore amenable to the writ jurisdiction of this Court. He would rely upon the judgment of the Supreme Court reported as 2005(4) SCC 649 Zee Telefilms Ltd and Anr. Vs. Union of India and Ors.

5. On the other hand, learned counsel for the responden