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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Malika – Appellant
Versus
UT of J&K – Respondent
ORDER :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has laid challenge to the select list of primary teachers issued by respondents No. 3 and 4 in July, 2023. She has also sought a direction upon respondents No. 2 and 3 to allow her to continue as Primary Teacher (hereinafter to be referred to as 'PRT') and not to replace her with another contractual teacher.
02. As per case of the petitioner, she had joined respondent-Maharaja Hari Singh DAV Centenary Public School, Akhnoor (hereinafter to be referred to as “respondent School”) on 04.04.2014 as PRT. It has been submitted that the petitioner has to her credit nine years of continuous service and there has never been any complaint against her regarding her performance. In March, 2023, respondent No. 4 is stated to have issued an advertisement for the post of PRT to which the petitioner responded. She joined her service in April, 2023 but in July, 2023, a fresh advertisement notice was issued by respondent No. 4 for the session 2023-2024.
03. According to the petitioner, she appeared in the interview before the selection committee but to her utter surprise, her name did not figure in the select list an
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 a service dispute involving a private educational institution and its employee is not amenable to challenge under Article 226 of the Constitut....
The main legal point established in the judgment is that an employment dispute between an employee and a private unaided school, arising out of a private contract, does not involve a public law eleme....
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 that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
The main legal point established in the judgment is that the petitioner, as an employee of a school with a public element in imparting education, was entitled to avail the remedy under Article 226 of....
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