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.

ORDER :

1. Challenge in the present petition is made to an order dated 27.08.2024 (Annexure P/8) passed by the respondent No.3 whereby the petitioner has been reverted to the lower post of Regular Primary Teacher from the post of Headmistress at Air Force School, Amla.

2. Learned counsel appearing for the respondents has raised a preliminary objection with respect to maintainability of the writ petition pointing out the fact that all the Air Force Schools are non-governmental non-profit making welfare institutions registered and administered under the aegis of the Society i.e. the Indian Air Force Educational and Cultural Society. They are neither controlled by the Central Government nor the Central Government provide any financial assistance to the Air Force Schools. Therefore, the writ petition against a private entity is not maintainable as it does not fall under the definition of "State" under Article 12 of the Constitution of India. He has further brought to the notice of this court an order passed by the Hon'ble Supreme Court in case of Army Welfare Education Society, New Delhi vs. Sunil Kumar Sharma and others (Civil Appeal Nos. 7256-7259 of 2024 [Arising out of S.L.P. (Civil) Nos. 3138-3141 of 2021] wherein vide order dated 09.07.2021 the Hon'ble Supreme Court has held that Army Welfare Educational Society running the schools do not fall under definition of "State" within Article 12 of the Constitution of India and the same does not touch any public law element, therefore, the writ petition is not maintainable. Similar view was taken in W.P. No. 1415 of 1996 ( Asha Khosa vs. Chairman, Army Public School and others ) decided on 17.02.1997 by the Division Bench of the Jammu and Kashmir High Court. He has further brought to the notice of this Court an order passed in the case of J. Tiwari v. Jawala Devi Vidya Mandir , (1979) 4 SCC 160 wherein it was held that rights and obligations of an employee of a private institution are governed by the terms of the contract between the parties. Therefore, the writ petition before this Court is not maintainable. He has also brought to the notice of this Court a judgment passed in the case of Som Nath and others vs. Deputy Registrar Cooperative Society, Hoshiyarpur and others wherein also the writ petition was held to be not maintainable. He has further relied upon a judgment in the case of Union of India and others vs. Dileep Kumar Pandey (Special Appeal No. 1074 of 2010) dated 12.07.2010, which has dealt with the similar situation and after a detailed order, it was held by the Hon'ble Supreme Court that the writ petition is not maintainable against a private entity. The society running the school in question was the same in the aforesaid judgment. Therefore, the present writ petition is not maintainable and is liable to be dismissed.

3. Per contra, learned counsel for the petitioner has vehemently opposed the contentions, it is argued that the judgment passed by the Hon'ble Supreme Court in the case of Army Welfare Education Society, New Delhi (supra) is based upon a judgment passed by the Hon'ble Supreme Court in the case of St. Mary's Education Society and another vs. Rajendra Prasad Bhargava and others , (2023) 4 SCC 498 . The petitioner is in service of the respondent/Department. The Central Government is provided land for construction of buildings and other infrastructures. He has placed on record the Education Code 2020, which specifically deal with the norms for recruitment and service condition