CHITAMBARESH, J.

“Whether the disciplinary action initiated by the management against the erring teachers in a school affiliated to the Central Board of Secondary Education can be called in question by them in proceedings under Article 226 of the Constitution of India?”

The above is the question referred to us for resolution in view of the conflict between various decisions of this Court with specific reference to the schools affiliated to the Central Board of Secondary Education. The maintainability of a writ petition against an 'authority' not coming within Article 12 of the Constitution of India nevertheless discharging public function is however no more res integra.

2. The following abbreviations are used:

i. Central Board of Secondary Education = CBSE.

ii. The Right of Children to Free and Compulsory Education Act, 2009 = R.C.E. Act.

iii. The Kerala Right of Children to Free and Compulsory Education Rules, 2011 = R.C.E. Rules.

3. We heard Mr. P. Ramakrishnan, Advocate and Ms.Surya Binoy, Advocate for the petitioners, Mr. Liji J. Vadakedom, Advocate and Smt. Parvathy Kottol, Advocate for the managements, Mr. Nirmal S., Advocate for CBSE as well as Mr.V.A.Muhammed, Advocate as a