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2025 Supreme(Online)(MP) 8072
HIGH COURT OF MADHYA PRADESH
ASHISH SHROTI, J
SMT ARUNA RAJESH THAKUR – Appellant
Versus
NATIONAL FERTILIZERS LIMITED – Respondent
WRIT PETITION No. 982 of 2021 | WRIT PETITION No. 19377 of 2020
For the Appellants/Petitioners: Shri M.P.S. Raghuvanshi, Shri Mohammad Amir Khan, Shri Devanshi Mishra
For the Respondents: Shri Krishan Kumar
Writ petitions against private educational institutions cannot be maintained without demonstrating government control as per Article 12 of the Constitution.
Headnote:(A) Constitution of India - Article 12 - Writ Jurisdiction - Maintainability of writ petitions against private educational institutions - Petitioners, having completed probation period, claimed confirmation in service, which was denied by respondents due to jurisdictional issues. - Court held that the institution's operations do not meet 'State' control under Article 12, affirming precedent that private entities performing public functions do not subject service disputes to writs unless they involve public law elements (Paras 5, 19, 20, 22).
(B) Writ Jurisdiction - The requirements for maintainability of a writ petition against a private entity were summarized, emphasizing the need for statutory provisions or public elements in the dispute (Paras 19, 22).
Facts of the case:
Petitioners sought confirmation of their services based on the completion of probation and qualifications. Respondents contested jurisdiction based on the private status of the institution involved.
Findings of Court:
The Court established that the respondent institution did not qualify as 'State' under Article 12 due to their operational independence from government control (Paras 6, 10, 12, 22).
Issues: Key questions were whether the institution was under the control of the government and the effectiveness of the confirmation process for petitioners.
Ratio Decidendi: The court ruled that absent governmental control, disputes regarding employment are not amenable to writ jurisdiction, aligning with judicial principles set forth in prior cases regarding private educational institutions.
Result: Writ petitions dismissed.
| Table of Content |
|---|
| 1. petitioners seek service confirmation based on probation. (Para 2 , 3 , 4 , 8) |
| 2. respondents claim writ is not maintainable. (Para 5 , 6) |
| 3. court dispels control claims over school. (Para 11 , 12 , 16) |
| 4. court reaffirms necessity of governmental control for jurisdiction. (Para 19 , 20) |
| 5. writ petitions dismissed due to jurisdictional issues. (Para 22) |
ORDER
By way of filing these petitions, the petitioners are praying for a direction to respondents to issue order of confirmation of their services after completion of their probation at par with other employees, together with all consequential benefits. Since both these writ petitions involve common question to be considered, both are being decided by this common order. However, for the sake of convenience, facts from W.P. No.982/2021 filed by Smt. Aruna Rajesh Thakur are taken into consideration.
2. An advertisement was issued by respondents no.4 for appointment of Trained Graduate Teacher (TGT). The petitioner applied for and was selected on the post of TGT (Science). Accordingly, the order of appointment was issued in her favour by respondent no.4 on 9/5/2012 and she accordingly joined on the post on 2/7/2012. A perusal of the appointment order shows that the appointment was made on probation for a period of one year, which was extendable by one year. The order also stipulates that the petitioner's confirmation in service shall be based upon her satisfactory completion of probation period and she will not be treated as confirmed until and unless confirmation letter is issued. As per Clause 12 of the appointment order, it was a condition of appointment that the petitioner shall qualify Central Teachers Eligibility Test (CTET) before the expiry of the probation period.
3. It is the grievance of the petitioners that even after completion of extended period of probation, they are not confirmed in service. The petitioners also state that they have already qualified CTET and, therefore, they are eligible to be confirmed in service.
4. The learned senior counsel for the petitioners submitted that the petitioners are entitled to be confirmed in service after successfully completing the extended period of probation of two years. It is his submission that since petitioners have already qualified CTET, there is no impediment in their confirmation. It is his further submission that respondents have kept the matter of confirmation pending without any reason which has resulted in freezing of their increments. The learned counsel also submitted that since the appointment order provides for extension of probation period only by one year, after completion of two years, the petitioners shall be deemed to have been confirmed in service. He also submitted that the petitioners have rendered satisfactory work during these years and there is no complaint against them, and therefore, the respondents are required to pass order of confirmation of their services.
5. On the other hand counsel for respondent no.4 raised a preliminary objection regarding maintainability of this writ petition inasmuch as respondent School is purely a private educational institution not receiving any fund from the State/Central Govt. It is his further submission that respondent no.4- School is being run by the respondent no.3-Society which is not amenable to writ jurisdiction of this Court. He placed reliance upon the decision of this Court in the case of Neelesh Tiwari vs. Central Board of Secondary Education & others i n W.P. No.15757 of 2025 to say that respondent no.3 & 4 are not amenable to writ jurisdiction of this Court.
6. In response to the aforesaid preliminary objection, learned senior counsel for the petitioner submitted that the respondent no.4- School is run by National Fertilizer Limited. National Fertilizer Limited (NFL) is a Company registered under the Companies Act and is under the owned and controlled of Govt. of India through its Ministry of Chemicals & Fertilizers.
