The main legal point established in the judgment is that the appointment and termination of a teacher in a private institution are governed by the relevant provisions of the institution's memorandum, and the maintainability of a writ petition against a private unaided minority institution and a petition filed by a contractual employee depends on the specific circumstances of the case.

ORDER :

Prakash Padia, J.

1. Heard Sri Dinesh Kacker, learned counsel for the petitioner, Sri V.K. Singh and Sankalp Narayan learned counsel for respondent Nos.1 and 2 and Sri D.R. Choudhary, learned counsel for respondent No.3.

2. The petitioner has preferred the present writ petition with the prayer to quash the order dated 10.7.2017 issued by Dr. Vinita Eusebius Principal Girls High School & College, Allahabad. A further prayer is also made to issue a Mandamus restraining the respondent No.3/ Principal Girls High School & College, Allahabad from interfering in any manner in continuing the petitioner in service on the post of temporary teacher in Computer.

3. The facts in brief as contained in the writ petition are that there is a society known as Allahabad High Schools' Society, Allahabad. The aforesaid society governs two institutions namely Boys High School and College Allahabad and Girls High School and College Allahabad.

4. The petitioner was appointed on 2.4.2014 in Girls High School and College Allahabad as temporary teacher in Computer. The service of the petitioner was continued with artificial break in service as the nature of the post was of a permanent nature. The petitioner continued to work as a temporary teacher in computer up to 21.4.2017. The petitioner has submitted an application on 21.4.2017 for 14 days leave with effect from 22.4.2017 for her marriage.

5. It is contended that when the aforesaid application was taken up in the office of the Principal, the accountant of the Institution made insulting remarks against the petitioner. In this regard, the father of the petitioner also made a complaint to the Circle Officer Civil Lines Allahabad. It is contended in paragraph 8 of the writ petition that in view of the aforesaid it is clear that the petitioner was granted 14 days leave. It is further contended that when after the period of 14 days came to end, the petitioner went to join her duties in the Institution on 8.5.2017. However, on that date the office staff intimated the petitioner that the Principal has given instructions for the petitioner to join her duties after the summer vacation. It is further contended that after summer vacation on reopening the Institution when the petitioner went to join her duties, the Principal handed over a letter dated 10.7.2017 to the petitioner discharging her from service on the allegation that she had not been attending the Institution since 22.4.2017. This is the order which is under challenge in the present writ petition.

6. It is contended that the petitioner was granted leave for 14 days for her marriage which was found correct as per the report of the Circle Officer Civil Lines Allahabad dated 3.5.2017. It is further contended that the letter dated 10.7.2017 was a revengeful and vindictive letter and a counter blast of the complaint made by the father of the petitioner. It is contended in paragraph 12 of the writ petition that the appointment of Principal and teachers were made as per memorandum of Allahabad High Schools' Society Clause 17 of the Memorandum of Allahabad High Schools' Society relates to General Power of the Governing Body. Clause 17 (g) empowers the Governing body to appoint Principal and Teachers of the College under the Society. Relevant portions of Clause 17(g) is reproduced below:-

“17. General Powers:-The Governing body shall have (subject to the provisions of Rule 18) full power to do all such acts and things as the Society could itself do, and which are not hereby or by Statutes expressly directed or required to be exercised or done by the Society in General Meeting; and in particular the Governing Body shall have power.

(g) to appoint such terms as it deem fit the Principal and assistant teachers of the schools or colleges conducted by the Society; such persons being, if possible, communicant members of the Church of India, Pakistan, Burma and Ceylon, or of a Church in communion with it, and to suspend or discharge any principal and teacher.”

7. I