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2025 Supreme(Online)(Pat) 1660
PATNA HIGH COURT
Ajit Kumar, J
Sumit Kaur Hura – Appellant
Versus
Central Board of Secondary Examination – Respondent
Civil Writ Jurisdiction Case No.4161 of 2021
For the Appellants/Petitioners: Mr. Ratnesh Kumar Singh
For the Respondents: Mr. Vinay Krishna Tripathy, Mr. Manish Kumar, Mr. Manoj Kumar
Writ petitions concerning employment disputes in unaided private schools are non-maintainable as they arise from private contracts without public law attributes.
Headnote:(A) Constitution of India - Articles 12, 14, 19, 21, 21A - Right to Children to Free and Compulsory Education Act, 2009 - Quashing of dismissal order upheld on grounds of maintainability and jurisdiction - Writ application regarding employment dispute in an unaided school is non-maintainable as it arises from a private contract and lacks governmental control. (Paras 4, 17-19, 20)
(B) Jurisdiction - The jurisdiction of the High Court does not extend to resolving private employment disputes unless a public duty aspect is established, which is not present in the case of unaided institutions. (Paras 5, 18)
(C) Effective remedy - Petitioner has an effective remedy through the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020, to address grievances, which should be pursued. (Paras 19, 20)
Facts of the case:
The petitioner, a terminated teacher at St. Michael's High School, challenged her dismissal arguing violation of fundamental rights and applicable education laws. The respondents contended writ jurisdiction was improper.
Findings of Court:
The termination was deemed a contractual matter manageable outside writ jurisdiction; the underlying school-staff relationship classified as private.
Issues: The primary issue was whether the Court had jurisdiction to hear disputes arising from the employment of staff in a private institution.
Ratio Decidendi: The court held that private disputes within unaided institutions do not invoke public law elements under Article 12, leading to non-maintainability of the writ.
Result: Writ application dismissed.
| Table of Content |
|---|
| 1. relief sought by petitioner for quashing of dismissal. (Para 2 , 3) |
| 2. arguments on maintainability of writ petition. (Para 4 , 5 , 6) |
| 3. discussion on applicable state legislation and dispute resolution. (Para 7 , 8 , 9 , 10 , 11) |
| 4. analysis of jurisdiction related to contractual service disputes. (Para 12 , 13 , 18) |
| 5. conclusion directing petitioner to approach appropriate authority. (Para 19 , 20 , 22 , 24) |
JUDGMENT
Date : 02-09-2025
Heard learned counsel for the petitioner, learned counsel for the Central Board of Secondary Examination (hereinafter referred as ‘CBSE’) and learned counsel for the St. Michaels High School (Respondent nos.7 & 8).
2. The petitioner has moved before this Court for the following reliefs:-
(i) For quashing of the order dated 05/06.11.2020 issued under the seal and signature by the Assistant Secretary (Grievance), Central Board of Secondary Examination, Patna vide its Letter No.CBSE /RO/PTN/707/2020/50747 dated 05/06.11.2020 (Annexure-48), wherein the Assistant Secretary (Grievance) upheld the exparte dismissal order dated 17.10.2020 (Annexure-46) issued under the seal and signature of Fr. Seraphim John SJ, Vice President, Saint Michele's Education Association, Patna pursuant to the Governing Body resolution dated 16.10.2020 in third domestic enquiry during her illness or in alternatively for quashing the appellate order dated 03.12.2020 (Annexure-55) issued under the seal and signature of Fr. Donald Miranda S.J., President, Saint Michele's Education Association, Patna, wherein the President, Saint Michele's Education Association, Digha Ghat P.O., Patna-800011 upheld the dismissal order dated 17.10.2020 (Annexure-46) issued under the seal and signature of Fr. Seraphim John SJ, Vice President, Saint Michele's Education Association, Digha Ghat P.O., Patna-800011 pursuant to the Governing Body resolution dated 16.10.2020in violation of her fundamental & legal rights under Article-14, 19, 21 & 21A the Constitution of India, under section-21, 23, 24 & 32 the Right to Children to Free and Compulsory Education Act, 2009 , Rule -6, 45, 47 & 49 Central Board of Secondary Education Affiliation Bye-Law and Rule-13 of the St. Michael's School Staff and Employees Service Conditions in violation of principle of natural justice.
(ii) Awarding compensation for illegal dismissing the petitioner from the service in violation of her fundamental & legal rights under Article-14, 19, 21 & 21A the Constitution of India, under section- 21, 23, 24 & 32 the Right to Children to Free and Compulsory Education Act, 2009 , Rule -6, 45, 47 & 49 Central Board of Secondary Education Affiliation Bye-Law and Rule-13 of the St. Michael's School Staff and Employees Service Conditions in violation of principle of natural justice.
(iii) Granting any other(s) reliefs) which the petitioner is entitled in the facts and circumstances of this case.
3. Learned counsel for the petitioner submits that the petitioner was a Permanent Assistant Teacher in Pre-Primary Section of St. Michael’s High School, Patna, imparting elementary and secondary education from LKG to 12th Class and having affiliation with the CBSE. The petitioner is said to be aggrieved by the actions and omissions of the respondents, who violated fundamental and legal rights of the petitioner under the Right to Children to Free and Compulsory Education Act, 2009 and CBSE Affiliation Bye-Laws.
4. In this case, notices were issued, and the main contesting parties have appeared. The learned counsel for the CBSE has taken the stand that this writ application is not maintainable, as it is primarily a private dispute between the management and the petitioner, and as such, the Institute/School is not covered by Article 12 of the Constitution of India. Therefore, the writ application cannot be maintained against a private management body.
5. It is worth to note that a similar stand has also been taken by the learned counsel representing the School, who, in support of his subm
