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N. SATHISH KUMAR
Revathi – Appellant
Versus
Central Board of Secondary Education, Siksha Kendra, New Delhi – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of impugned letter dated 12.11.2021 vide proceedings No.298/APS/Ch/AWES passed by the 4th respondent and consequently directing the respondents 4 and 5 to issue confirmation order as enlisted in the Application submitted by the 5th respondent School in the Final Submission dated 21.05.2012 to the petitioner within a stipulated time.)
Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of impugned relieving order in letter No.APSC/RO/2022/2 dated 28.02.2022 passed by the 5th respondent and to quash the same and to direct the respondents 4 and 5 to issue confirmation letter thereby regularizing the petitioner in connection with his appointment of TGT (Mathematics) Teacher post with effect from the completion of one year of probationary period i.e., from 03.04.2017 with all monetary benefits as per judgement rendered in W.P.(C) No.1439 of 2013 dated 30.08.2013, which was upheld by the Division Bench of Delhi High Court by judgement dated 29.10.2015
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 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 enforcement of service conditions in private unaided schools affiliated with CBSE is governed by contractual obligations, and disputes arising from such conditions do not invoke public law elemen....
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