CAV ORDER

1. Since an identical issue regarding maintainability of the writ petition against private educational institution is involved in all the writ petitions, therefore, they are being disposed of by this common order.

2. From perusal of the records of the case, it is quite vivid that the petitioners are either teachers of the private or aided educational institutions, therefore, the point emerged for determination is:-

“Whether the writ petition against private/ aided institution is maintainable or not?

3. To ascertain, the Point for determination, this Court has taken note of the brief facts of each of the case.

4. WPS No. 11842/2025 has been filed by the petitioner assailing the order dated 29.09.2025 passed by the Principal Incharge of Bhilai Institute of Technology, Durg by which services of the petitioner have been terminated with immediate effect on the following facts:-

(A) The petitioner was appointed on 09.02.1994 on the post of Assistant Professor in respondent/Bhilai Institute of Technology, Durg and was promoted on the post of Associate Professor vide order dated 15.02.2003 and on the post of Professor vide order dated 24.06.2008. It is the case of the petitioner that as per clause 3 of the promotion order dated 24.06.2008, the services of the petitioner can be terminated by respondent No. 3 by paying three months salary in lieu of notice and clause 4 prescribes that the teaching staff of the respondent No. 3 shall be governed by the general terms and conditions of service as per college code applicable under C.G. Vishva Vidyalaya Adhiniyam and such other conditions laid down by the Institution/affiliating University/AICTE from time to time but ignoring these provisions of the University, college code and the rules framed by AICTE, respondent No. 3 issued termination order dated 29.09.2025 with immediate effect.

5. WPS No. 11867 of 2025 has been filed by the petitioner assailing the order dated 24.09.2025 issued by the Principal, Kalyan Post Graduate College, Bhilai Nagar, District- Durg by which charge of departmental work has been given to respondent No. 3 who is junior according to the petitioner on the following facts:-

(A) The petitioner vide order dated 08.09.2004 was appointed on the post of Assistant Professor and joined on 13.09.2004 on the said post in Kalyan Post Graduate College, Bhilai Nagar, District Durg which is a government-aided institution affiliated to Hemchand Yadav University, Durg. Respondent No. 3 was also appointed on the same date and joined on 13.09.2004 and he was subsequently transferred in 2004 to another institution as Principal, where his salary and allowances were paid by the said management. The case of the petitioner is that on superannuation of one Dr. (Smt.) Pushpalata Sharma on 31.08.2023, the Principal, the charge of Head of Department (Faculty of Education) was given to the petitioner and vide impugned order dated 24.09.2025, the respondent Principal withdrew the departmental charge from the petitioner and handed over it to respondent No. 3, who is junior to the petitioner.

6. WPS No. 6150 of 2014 has been filed by the petitioner assailing the order dated 10.03.2014 by which petitioner’s salary was re-fixed by the Steel Education Society directing the School Management Committee, Delhi Public School to pay the dues of the petitioner on the following facts :-

(A) The petitioner was appointed on the post of Principal, Delhi Public School, Bhilai on 04.03.1996 and served continuously from 15.05.1996 to 18.04.2013. The School Managing Committee approved extension of service up to 31.03.2015 vide order dated 28.03.2013, but due to internal management disputes, the extension was neither communicated nor implemented and the petitioner was abruptly retired on 18.04.2013 but the petitioner’s retiral dues for Rs. 30,76,690/- have not been released and only partial payments (gratuity Rs. 10,00,000/- and Rs. 11,39,130/-) were made. It is also case of the petitioner that after retirement, the