The Managing Committees of private educational institutions are amenable to the writ jurisdiction of the court as they perform public duty and are governed by statutory rules.

JUDGMENT :

B.L. Hansaria, C.J. - These two writ petitions require answer of two important questions. These are:- (1) Whether the Managing Committee of a 'private educational institution' is amenable to writ jurisdiction of this Court, and (2) Whether an order of reinstatement can be passed even if it is found that the service of a teacher of such an institution has been illegally terminated.

2. To answer the aforesaid two questions, let the broad facts of the two cases be noted.

In so far as the petitioner in O.J.C. No. 357/83 is concerned, he was appointed against a trained graduate post in Panchayat High School some time in August 1981. This school is admittedly a 'recognised educational institution' as defined u/s 3(k) of the Orissa Education Act, 1969, hereinafter called, 'the Act'. In January, 1983, however, the petitioner received a letter from the Secretary of the Managing Committee stating that he had been relieved of his duties on the ground of negligence in duty and misconduct. No enquiry had been held before terminating the service of the petitioner, but the matter was discussed in the Managing Committee and a decision was taken to terminate the service of the petitioner.

The petitioner in O.J.C. No. 3116/85 was appointed as an Assistant Teacher in Bhanra Panchayat School in February, 1983 - the school having received recognition only in November, 1982. The petitioner soon joined his duties. His service was, however, terminated with effect from November 28, 1985 on two grounds, namely, that he had misappropriated the school cash and was in unauthorised long absence. In the present case also, there was admittedly no enquiry before terminating the service of the petitioner, but in this case also the Managing Committee had deliberated over the matter and decided to terminate the service of the petitioner.

3. The prayer of the petitioners in both the cases is to set aside the order of termination which give the consequential relief of reinstatement. The same had been opposed by the school authorities on two grounds, namely, (1) they are not amenable to the writ jurisdiction of this Court and (2) in any case, order of reinstatement cannot be passed in a case of the present nature.

4. Let the first question be examined first.

It may be stated at the outset that none of the two institutions with which we are concerned is an aided institution. Had the position been otherwise, the answering of the first question would not have posed any problem in view of the long line of decisions of this Court starting from Kalavati Punjabi v. Inspector of Schools, Koraput Circle (I.L.R.) 1973 Cut 1004, nay from Ramesh Chandra Sahu Vs. N. Padhy, Principal, Khallikote College and ending with Krushna Chandra v. Director of Education 1987 (2) OLR 66. This apart, in view of the recent decision of the Supreme Court in Francis John Vs. Director of Education and Others there can be no manner of doubt that writ petition is maintainable against schools receiving grant-in-aid where termination of the service of a teacher is challenged. This proposition has not been assailed and as such it is not necessary to advert to it further. The question, however, is whether a writ petition is maintainable in the case of a non-aided educational institution which has merely been recognised by the Government. To be more precise, the question is whether a 'private educational institution' within the meaning of Section 2(j) of the Act or its Managing Committee is amenable to the writ jurisdiction of this Court.

5. That the institutions of the above type do not come within the writ jurisdiction of this Court is sought to be brought home to us by learned counsel appearing for the opposite parties by drawing our attention to what was stated in paragraph 5 of Ambika Prasad v. Assam Engineering College 1989(1) O.L.R. 440 wherein a Division Bench of this Court stated as below:-

"5. It is beyond dispute that private colleges which are not receiving grant-in-aid from the State eith