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.

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 as PRT in Army Public School by waiving the condition of 6 months bridge course with all consequential benefits.

S.B. Civil Writ Petition No. 5060/2021:

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;

i) by appropriate writ, order or direction in the nature thereof the respondents may kindly be directed to allow continue to the petitioner to work as PRT in Army Public School by waiving the condition of 6 months bridge course with all consequential benefits.

S.B. Civil Writ Petition No.5067/2021:

1. 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;

2. by appropriate writ, order or direction in the nature thereof the respondents may kindly be directed to allow continue to the petitioner to work as PRT in Army Public School by waiving the condition of 6 months. bridge course in Elementary Education with all consequential benefits.

3. Any other Court order which this Hon'ble in the facts and deemed just and proper circumstances of the case may be passed in favour of the petitioner.

4. by an appropriate writ, order or direction in the nature thereof the condition of probation in appointment order dated 24.4.2018 may kindly be quashed and set-aside and the petitioner be declared confirmed w.e.f. 24.4.2018 i.e. the date of her appointment on regular basis, alternatively probation extension order dated 18.3.2020 issued by the respondents may kindly be quashed and set aside and the petitioner be declared to be confirmed on the post of PRT with effect from 24.4.2019 on completion of 1 year as per applicable Rule 132 (b) of the Rules and Regulations;

5. by an appropriate writ, order or direction the respondents be directed to file Circular dated 3.12.2018 and on perusal of the same, the Circular 3.12.2018 be quashed and set-aside qua the petitioner, or alternatively, Circular 3.12.2018 be declared to be prospective and the same be declared to be inapplicable to the petitioner being ap