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PANKAJ BHATIA
Shailja Chhikara – Appellant
Versus
Board Of Administration, Army Welfare Edu. Society Thru. its Chairman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shireesh Kumar, Utkarsh Kumar
For the Respondent: Mohd. Zafar Khan, Amitabh Chaturvedi, Gaush Beg

JUDGMENT :

1. Heard Shri Shireesh Kumar the counsel for the petitioner, Mohd. Zafar Khan and Sri Gaush Beg, the counsel for the respondents.

2. The present petition has been filed by the petitioner challenging the order dated 13.04.2023 whereby the services of the petitioner as Principal, Army Public School, Nehru Road, Lucknow have been terminated. The contention is that the order of termination is in defiance of the Army Welfare Education Society Rules and is also in violative of the terms and conditions of the appointment order dated 24.03.2022. The said order is also challenged as being arbitrary and in violation of the principles of natural justice.

3. The contention of the counsel for the petitioner is that the school in question is being run by a society registered under the Societies Registration Act in the name of Army Welfare Education Society, which according to the petitioner, is a 'State' within the meaning of Article 12 of the Constitution of India. The petitioner had applied in terms of the advertisement issued by the respondents and finding her to be qualified, was issued an appointment order on 24.03.2022 appointing the petitioner on probation for a period of two year

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