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PANKAJ BHATIA
Shailja Chhikara – Appellant
Versus
Board Of Administration, Army Welfare Edu. Society Thru. its Chairman – Respondent
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
The judgment established that a writ petition for enforcement of a contract of service is not maintainable if the services are not controlled or regulated under any statute.
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
Army Public Schools, managed by a registered society, do not qualify as 'State' under Article 12 of the Constitution, rendering writ petitions under Article 226 not maintainable.
Writ petition against a non-governmental institution is not maintainable as it does not amount to 'State' under Article 12 of the Constitution of India due to lack of state control or funding.
The Army Welfare Education Society is not a 'State' under Article 12, and employment disputes governed by private contracts are not subject to writ jurisdiction under Article 226.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
Point of Law : High Court cannot be sustained on the proposition that the writ petition would not maintainable merely because the respondent institution is a purely unaided private educational instit....
Employees of private educational institutions cannot invoke Article 226 for service disputes unless governed by statutory provisions, as established in St. Mary’s Education Society case.
A writ petition under Article 226 is not maintainable against a private educational institution for employment disputes unless statutory provisions govern the employment relationship, as such matters....
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