IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT WRIT PETITION No. 1063 of 2015 D.N. SHARMA AND OTHERS Versus UNION OF INDIA AND OTHERS Appearance:

Shri Vikas Samadhiya – Advocate for petitioners.

Shri Praveen Kumar Newaskar- Deputy Solicitor General for respondents No.1 to 5/UOI.

Reserved on : 29.08.2025 Pronounced on : 30.10.2025 ___________________________________________________________________

ORDER

This petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following reliefs:-

“7.1 That, this Hon'ble court may kindly be pleased to call the record for the kind perusal of this Hon'ble court. 7.2 That, this Hon'ble court may kindly be pleased to issue appropriate writ/order to quash/set aside the order dated Discriminatory impugned Signature Not Verified Signed by: MONIKA orders dated 11.06.2014 and 21.10.2014 annexed here with as ANNEXURE P-1. to the petition, and maintain the parity with the KVS employees for the DA and other pecuinary benefits. 7.3 That this Hon'ble court may kindly be pleased to issue order to enforce the recommendations of 5th and 6th pay commissions,in words and view of central Govt. and establish as well as maintain the status of the petitioners visa a visa to KVS employees.

7.4 That any other relief which this Hon'ble Court may deems fit and proper for the sake of justice.”

2. In the reply, the respondents have taken the preliminary objection that petition is not maintainable as BSF Education Fund Society is completely private in nature and no grant-in-aid has been received from Central Government/MHA for running the said school. It is a registered society under the Societies Registration Act, 1860, therefore, the Society cannot be considered as a State, thus the petition under Article of the Constitution of India is not maintainable.

3. Learned counsel for the petitioners submitted that the petitioners are the employees of BSF Sr. Secondary School, Tekanpur, M.P.(herein after called the "school" alone) which has been established, operated and managed through different funds originated from BSF itself and by the different grants received from the Govt. Apart from the defense as well as security task, the BSF has also aimed for the various other welfare activities for their own employees. For the purpose of proper Organization and management of the said objects, BSF has created few funds getting regular finance from the BSF. As per the BSF Manual "apart from welfare, Regimental Institutional Management, interaalia education is also one of the basic functions to be discharged by the BSF." And for this concern the BSF School were established and to supervise these Schools a CENTRAL EDUCATION COMMITTEE (herein after called CEC alone.) was constituted Signature Not Verified Signed by: MONIKA and this CEC is composed of all BSF officials. Copy of the detail of expenditure by BSF private Fund for the month August 2014 is Annexure P-3 to the petition.

4. It is further submitted that the BSF came into being on 01.12.1965 the first edition of the BSF Manual on administration came into force in the year 1991, which provides for the basic framework, objective and functions of the BSF. The BSF Manual Vol. VIII of the Admn. Directorate clearly provides that apart from welfare, Regimental institution Management, inter alia education is also one of the basic administration functions to be discharged by the BSF. The entire structure for the administrating the said objective education is provided in the chapter 3 of the said Manual. BSF Schools are being established to achieve the basic objectives and functions of the Border Security Force. All the administrative as well as financial activities of the BSF schools are being Controlled and Managed by the CEC. The Finance of the BSF schools is also being managed through BSF Central Education Fund (herein after called CEF, alone), which has been majorly supported by the Contribution of al