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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Nimisha Gupta W/o Shri Hans Kumar Gupta – Appellant
Versus
Army Public School, Jaipur Military Station Jaipur Through Principal – Respondent
Order :
ASHOK KUMAR JAIN, J.
1. All these writ petitions were filed on the ground that petitioners are qualified for appointment as teacher in any of public school and pursuant to advt. issued by the Army Public School, the petitioners were appointed on the post of Teacher, but during term of employment, the respondents have relieved and terminated the services of the petitioners on the ground that the petitioners do not possess the qualification mandatorily required for appointment as PRT teacher in Army Public School. The petitioners have challenged the removal and termination by filing separate writ petitions under Article 226 of the Constitution of India.
2. These writ petitions are preferred by petitioners with common question of law, hence they are decided by a common order.
3. Prayer in each of the writ petition is reproduced as under:
“S.B. Civil Writ Petition No. 5158/2021:
i) by appropriate writ, order or direction in the nature thereof the impugned order dated 30.3.2021 issued by the respondents may kindly be quashed and set aside;
ii) by appropriate writ, order or direction in the nature thereof the respondents may kindly be directed to allow continue to the petitioner to work
Army Public Schools, managed by a registered society, do not qualify as 'State' under Article 12 of the Constitution, rendering writ petitions under Article 226 not maintainable.
The judgment established that a writ petition for enforcement of a contract of service is not maintainable if the services are not controlled or regulated under any statute.
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
Writ petition against a non-governmental institution is not maintainable as it does not amount to 'State' under Article 12 of the Constitution of India due to lack of state control or funding.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
The Army Welfare Education Society is not a 'State' under Article 12, and employment disputes governed by private contracts are not subject to writ jurisdiction under Article 226.
Air Force Schools, being under the control of the IAF, are deemed 'State' under Article 12, allowing for writ jurisdiction under Article 226.
Matter pertains to the internal affairs of an unaided Non-Government Educational Institution, a writ petition would not be maintainable against the unaided private Institution, as an alternative reme....
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