By the Court.—This appeal is essentially on behalf of the management of Air Force School, Bamrauli, district Allahabad, questioning the correctness of the judgment of the learned single Judge dated 13.1.2010, whereby the institution in which the respondent - petitioner is working as a teacher, has been held to be amenable to the writ jurisdiction of this Court and further the petition has been allowed quashing the orders dated 28.6.2007, 9.8.2007 and 22.8.2008. These orders were challenged by an amendment during the pendency of the writ petition. The appointment of the respondent - petitioner from regular to contractual and consequential payments of salary was the subject matter of the writ petition.

2. The appellants herein raised a preliminary objection to the maintainability of the writ petition on the ground that neither the institution nor the Society managing the institution was amenable to the writ jurisdiction of this Court as it was not an instrumentality of the State within the meaning of Article 12 of the Constitution of India. This preliminary objection was taken setting out the averments in paragraph Nos. 3, 4, 8 and 9 of the counter-affidavit filed before the