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2023 Supreme(P&H) 444

JAGMOHAN BANSAL
Reena Panta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Onkar Singh, Advocate for the Appellant. Ms. Anita Balyan, Advocate for Respondent No.1-UOI., Mr.A.D.S. Jattana, Advocate for Respondents No.2 and 3.

JUDGMENT

Jagmohan Bansal, J. (Oral) - The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 27.02.2019 (Annexure P-18) whereby her services have been terminated.

2. Counsel for the respondent raised preliminary objection of maintainability. He submits that respondent No.2 is a society registered under Society Registration Act, 1860. The respondent No.2 does not fall within definition of State or its Instrumentality as contemplated under Article 12 of Constitution of India. The respondent-Society is neither getting financial aid from the State nor directly or indirectly controlled or managed by the Government. A Division Bench of this Court in Rajni Jaiswalvs.SchoolManaging Committee,Army School,Ferozepur Cantt and another, 2007 SCC Online P&H 1472 and Andhra Pradesh High Court in Shaheeda Begum vs Prinipal Army SchoolSecunderabandand another, 2005 SCC OnLine AP 706 have held that Army Public School run by Army Welfare Society are not instrumentality of State in terms of Article 12 of Constitution of India, thus, writ petition is not maintainable. He further relies upon a three-Judge Bench of Hon'ble Supreme Cou

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