ORDER : -

Heard on an application (Document No. 3412/2022) for dismissal of the petition on account of its maintainability as the preliminary objections have been raised on behalf of respondent No. 5 (Laurels School International).

2. Shri Gaurav Chhabra, learned counsel for respondent No. 5/School has submitted that respondent No. 5 is an unaided educational institution and the petitioners were employed in the aforesaid School on contractual basis only as teachers.

3. It is submitted that the petitioners have claimed the reliefs pertaining to the payment of salary by respondent No. 5/School, which does not involve any sort of public functions on the part of respondent No. 5. Hence, the petition is not maintainable qua respondent No. 5.

4. In support of his contentions, Shri Chhabra has relied upon a recent decision rendered by the Supreme Court in the case of St. Mary’s Education Society and another vs. Rajendra Prasad Bhargava and others, Civil Appeal No. 5789/2022, dated 24-8-2022, reported in 2022 SSC On-Line SC 1091.

5. It is submitted that the relationship between the petitioners and respondent No. 5 was contractual in nature and as per the contract, respondent No. 5 had all the a