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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Shivali Sharma Wife Of Vijay Kumar – Appellant
Versus
Army Public School Through Its President (Awes) Chief Of Army – Respondent
JUDGMENT :
Sanjeev Kumar, J.
LPA No. 258/2024
1. This intra-Court appeal by the appellants arises out of an order and judgment dated 22.10.2024, passed by a learned Single Judge of this Court [“the writ Court”] in WP(C) No. 533/2024 whereby the Writ Court has declined to entertain the writ petition filed by the appellants under Article 226 of the Constitution of India, on the ground that the Army Welfare Education Society (AWES) does not qualify to be a “State” and that the relationship between the Society and its teachers constitutes a private contract. Consequently, in terms of the judgment impugned (supra), the writ petition filed by the appellants has been dismissed.
2. Before we advert to the grounds of challenge urged by Mr. Aijaz Chowdhary, learned counsel appearing for the appellants, to assail the impugned judgment, passed by the Writ Court, we deem it appropriate to briefly notice the controversy which was raised in the writ petition filed before the Writ Court.
3. The appellants herein, who were the writ petitioners before the writ Court, came to be appointed as TGTs/PGTs in different subjects in the Army Public School, Udhampur pursuant to a selection process conducted by th
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.
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 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....
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.
Employees of private educational institutions cannot invoke Article 226 for service disputes unless governed by statutory provisions, as established in St. Mary’s Education Society case.
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.
A writ petition under Article 226 is not maintainable against a private educational institution for employment disputes unless statutory provisions govern the employment relationship, as such matters....
A writ petition under Article 226 of the Constitution of India is not maintainable against a private unaided minority educational institution. A service dispute in the private realm involving a priva....
The main legal point established in the judgment is the authority's power to terminate services under Rule 15(ii) of the Anandalaya Education Society (Service conditions, discipline, conduct and appe....
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