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
Vijay Bihari Srivastava vs. U.P. Postal Primary Cooperative Bank [2003 (1) UPLBEC 1]
Ajay Hasia vs. Khalid Mujib Shohravardi [1981 (1) SCC 722]
Janet Jeyapaul vs. SRM University and others [(2015) 16 SCC 530
K. K. Saxena vs. International Commission on Irrigation and Drainage and others [(2015) 4 SCC 670].
Mysore Paper Mills Ltd. Vs. Mysore Paper Mills Officers Association [2002 (2) SCC 167]
Pradeep Kumar Biswas vs. Indian Institute of Chemical Biology and others [(2002) 5 SCC 111]
R.D. Shetty vs. IAAI [1979 (3) SCC 489]
St. Mary's Education Society and another vs. Rajendra Prasad Bhargava and others [(2023) 4 SCC 498]
State of U.P. vs. Radhey Shyam Rai [2009 (5) SCC 577]
Union of India and another vs. Chote Lal and others [(1999) 1 SCC 554].
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