IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 20 OF NOVEMBER, 2024 WRIT PETITION No. 27572 of 2019 DHARMENDRA NATH RAI Versus DAV COLLEGE MANAGING COMMITTEE AND OTHERS Appearance:

Shri N.P.S.Ruprah - Advocate for the petitioner.

Shri Manoj Kushwaha - Advocate with Shri Himanshu Shukla - Advocate for the respondents No.5 and 6.

ORDER The present petition has been filed assailing the order dated 21.10.2019 and

05.06.2020 passed by the respondents whereby the punishment of removal from service has been inflicted upon the petitioner.

2. On notice being issued, the respondents have marked their presence before the Court and have taken a specific stand regarding maintainability of the petition against the non-aided institution i.e. the private institution. They have moved an application for dismissal of the petition being I.A.No.10279 of 2022, pointing out the fact that the answer respondent is a Registered Society under the Society Registration Act, 1860 running and managing schools and colleges throughout India. DAV Public School Krishna Vihar is situated at Singrauli under the project of Reliance Coal Mines (Sasan Power Limited). It is pointed out that the respondent is a DAV College Trust and Managing Society being a society registered under the Society Registration Act, 1860. It does not fall under the definition of State under Article 12 of the Constitution of India, therefore, the writ Signature Not Verified Signed by: ANINDYA petition against the said institution is not maintainable. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of M.Raja Vs. Ceeri Educational Society, Pilani reported in (2006) 12 SCC 636 wherein it is clearly held that in case of removal of an employee from service no public element is involved and in absence of any allegation for violation of any statutory rule by the respondents since the terms and conditions of services of the petitioner are not governed by any statutory rule or regulation, they are governed by the bye-laws of the society. He has further placed reliance upon the judgment passed by the Allahabad High Court in the case of M.K.Gandhi and others Vs. Director of Education (Secondary), U.P. Lucknow and others reported in 2005 0 Supreme (All) 1558 as well as the recent Full Bench judgment passed by the Allahabad High Court in the case of Roychan Abraham Vs. State of U.P. and others reported in 2019 0 Supreme (All) 652 wherein it is categorically held that the private school is not a State within the meaning of Article 12 of the Constitution of India then the affiliation bye laws framed by CBSE being non-statutory only represent a contract between parties and hence the writ petition is not maintainable. The services of the petitioner employee are governed in terms of the bye-laws of the Society. The appointment of the petitioner is a contract between the parties and cannot be said to be governed by any statutory rules. Against the termination of the petitioner, an appeal is provided in terms of disciplinary authority in Administrative Manual of DAV. The petitioner has not availed the remedy and directly approached the Court by filing a writ petition. They have further placed reliance upon the 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 reported in (2023) 4 SCC 498, Ramnivas Sharma Vs. Union of India Signature Not Verified Signed by: ANINDYA reported in 2020 SCC Online Allahabad 205, Amitabh Ranjan Singh Vs. DAV College Management Committee reported in 2024 SCC Online Chhattisgarh 4278, Kaushik Majumdar Vs. State of Bengal reported in 2024 SCC Online Calcutta, Rita Ghoshdas Vs. St. Joseph reported in 2024 SCC Online Calcutta and also placed reliance upon the judgment passed by the Division Bench of this Court in the cases of Uday Singh Kushwaha Vs. State of M.P. and others (Writ Appeal No.849 of 2022) decided o