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2004 Supreme(Gau) 101

BIPLAB KUMAR SHARMA
Rambhabala Devi Sahariah – Appellant
Versus
Multipurpose Progressive Association Japorigog – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: G.C. Phukan and M.N. Nath, Advs.
For Respondents/Defendant: B. Kalita, S. Dutta and C. Shome, Advs.

JUDGMENT

B.K. Sharma, J.

1. By this writ petitioner, a teacher of a private School has invoked the, writ jurisdiction under Article226 of the Constitution of Indian making a grievance against termination of her service. A preliminary objection has been raised on behalf of the respondents on the maintainability of the writ petition on ground of the school being not an authority within the meaning of Article 12 of the Constitution of India. It is upon answer to this objection, the main issue relating to the legality and validity of the order of termination of service of the petitioner will depend. Since the very maintainability of the writ petition itself has been questioned by way of a preliminary objection, same is taken up first for a decision inasmuch as if the objection is upheld, the other issues raised in the writ petition need not be gone into.

2. The facts leading to filing of the writ petitions are not in dispute. The petitioner who was appointed as Assistant Teacher of the school in question way back is 1991 has been restrained from attending her duties and signing the Attendance Register as per the endorsement made by the Principal of the School on the representation dated 4


























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