JUDGMENT :

1. Heard learned counsel for the petitioner, Sri Abhishek Kumar for the respondent No. 4, Sri H.N. Pandey for the Board and Sri Vivek Ratan Agrawal, learned counsel appearing for NTPC.

2. The respondents have raised a preliminary objection to the maintainability of the writ petition by contending that the same would not be maintainable since the petitioner assails an order of termination made by the D.A.V. Public School. It is submitted that notwithstanding the fact that the school may be said to be performing a public function or discharging a public duty since the terms and conditions of service of the petitioner are not governed by any statutory rule or regulation, a writ petition consequently would not lie. Reliance is placed principally on the Full Bench decision of the Court in M.K. Gandhi and Others Vs. Director of Education (Secondary), U.P., Lucknow and Others, (2005) 3 UPLBEC 2187. The attention of the Court is then drawn to a recent decision rendered by another Full Bench in Roychan Abraham Vs. State of U.P. and Others, (2029) 2 UPLBEC 1148 in support of the objection that is raised. Counsel for the C.B.S.E. submits that the terms and conditions of service of th