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Army Welfare Education Society (AWES) - Established as a registered society under the Societies Registration Act, AWES manages Army schools and operates under its own rules and regulations, including provisions for appointments, regularization, and appeals Chairman, Army Public School VS Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan - Himachal Pradesh, Geeta Sharma VS Union of India through Education Officer - Rajasthan.
Legal Status - Courts have examined whether AWES qualifies as a 'State' under Article 12 of the Constitution of India. Multiple judgments conclude that AWES, being a private society governed by its rules and not directly controlled by the government, does not fall within the definition of 'State' and is not amenable to writ jurisdiction under Article 226 ARMY WELFARE EDUCATION SOCIETY NEW DELHI vs SUNIL KUMAR SHARMA - Supreme Court, SHIVALI SHARMA AND OTHERS vs ARMY PUBLIC SCHOOL TH ITS PRESIDENT AWES CHIEF OF ARMY STAFF MINISTRY OF DEFENCE AND OTHERS - Jammu and Kashmir, MANOJ KUMAR RAWAT VS UNION OF INDIA - Allahabad, [Army School, Kunraghat
VS Shilpi Paul
Allahabad](https://supremetoday.ai/doc/judgement/02500039900).
Employment and Regularization - AWES employs teachers on contractual basis, with rules governing regularization after specified periods. Courts have upheld the regularization of contractual employees and clarified that AWES's employment practices are contractual and do not involve public law elements, thus limiting the scope of judicial review Chairman, Army Public School VS Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan - Himachal Pradesh, Tanu Jetly VS The Chairman/Secretary - Allahabad.
Writ Petition Maintainability - Petitions filed by employees against AWES or its affiliated schools are generally held to be not maintainable under Article 226 because AWES functions as a private society rather than a 'State' entity. The Supreme Court has consistently ruled that AWES is a private body and not subject to writ jurisdiction MANOJ KUMAR RAWAT VS UNION OF INDIA - Allahabad, Geeta Sharma VS Union of India through Education Officer - Rajasthan.
Overall Insight - While AWES is a registered society managing Army schools, it operates independently of direct government control. Its legal status as a private entity limits the applicability of constitutional remedies typically available against public authorities. Nonetheless, employment disputes and service regularization cases are adjudicated on the basis of contractual rules and the society's regulations, with courts emphasizing its non-State status Chairman, Army Public School VS Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan - Himachal Pradesh, ARMY WELFARE EDUCATION SOCIETY NEW DELHI vs SUNIL KUMAR SHARMA - Supreme Court.

References: - Chairman, Army Public School VS Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan - Himachal Pradesh, Geeta Sharma VS Union of India through Education Officer - Rajasthan, ARMY WELFARE EDUCATION SOCIETY NEW DELHI vs SUNIL KUMAR SHARMA - Supreme Court, SHIVALI SHARMA AND OTHERS vs ARMY PUBLIC SCHOOL TH ITS PRESIDENT AWES CHIEF OF ARMY STAFF MINISTRY OF DEFENCE AND OTHERS - Jammu and Kashmir, MANOJ KUMAR RAWAT VS UNION OF INDIA - Allahabad, Army School, Kunraghat
VS Shilpi Paul
- Allahabad, Shailja Chhikara VS Board Of Administration, Army Welfare Edu. Society Thru. its Chairman - Allahabad, Tanu Jetly VS The Chairman/Secretary - Allahabad

Search Results for "Army Welfare Education Society"

2022 0 Supreme(HP) 112 • India - Himachal Pradesh

MOHAMMAD RAFIQ, JYOTSNA REWAL DUA

Army Welfare Education Society Rules and Regulations, 2011 - Rule 128 - AWES Rules & Regulations, 2019 - ... Chapter 7 - Clause 116 – Appeal - Maximum percentages for regular and contractual TGTs and PRTs - Army Public School, to regularize ... five years of service on contract basis by taking her appointment on contract basis, with all consequential benefits - Aggrieved, Army ... Contentions:- Learned counsel for the appellants submitted that respondent No.1 was appointed as TGT (Musi....

2022 0 Supreme(HP) 84 • India - Himachal Pradesh

MOHAMMAD RAFIQ, JYOTSNA REWAL DUA

Contentions:- Learned counsel for the appellants submitted that respondent No.1 was appointed as TGT (Music) on temporary basis after following the due procedure of selection in terms of the Army Welfare Education Society Rules and Regulations (hereinafter referred to as ‘AWES Rules ... On closure of the project, the State Government took a decision to place them in services of Indian Red Cross Society. The respondents approached the High Court for regularization of their services and also challenged th....

ARMY WELFARE EDUCATION SOCIETY NEW DELHI vs SUNIL KUMAR SHARMA

2024 Supreme(Online)(SC) 7528 • India - Supreme Court of India

Gabriel’s Academy, which was taken over by the Army Welfare Education Society. ... (A) Constitution of India - Article 12 - Writ jurisdiction - The court examined whether the Army Welfare Education Society is a ' ... (Paras 53, 54) ... ... Issues: The main issues were whether the Army Welfare Education Society ... 3) On 29.04.1983, the Army Welfare#....

SHIVALI SHARMA AND OTHERS vs ARMY PUBLIC SCHOOL TH ITS PRESIDENT AWES CHIEF OF ARMY STAFF MINISTRY OF DEFENCE AND OTHERS

2024 Supreme(Online)(J&K) 1767 • India - High Court of Jammu and Kashmir

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, J

(Paras 53, 54) ... ... Issues: The main issues were whether the Army Welfare Education Society ... (Paras 2-4) ... ... Findings of Court: ... The court found that the Army Welfare Education Society ... Welfare Education Society is contractual and does not involve public law elements, thus the writ petition is not maintainable. ... The Hon’ble Supreme Court, in a case titled “Army#HL....

Rajni Jaiswal VS School Managing Committee, Army School, Ferozepur Cantt

2007 0 Supreme(P&H) 947 • India - Punjab and Haryana

M.M.KUMAR, RAJESH BINDAL

Welfare Education Society running the Army School. ... Ratio Decidendi: The court relied on precedents and held that the Army Welfare Education Society running the Army School is ... Welfare Education Society running the Army School is not amenable to writ jurisdiction under Article 226 of the Constitution. ... Chairman Army Public School in W....

2016 0 Supreme(All) 656 • India - Allahabad

A.P.SAHI, ATTAU RAHMAN MASOODI

petition by an employee of Army Welfare Education Society (AWES) would not be maintainable. ... Welfare Education Society—Registered under Societies Registration Act—Contract of service—Writ petition—Maintainability of—A writ ... Army Act, 1950—Section 21—Army Rules, 1954—Rules 19, 20 and 21—Constitution of India, 1950—Articles 226 and 19—Registration—Army ... Undisputedly Army Welfare#H....

2004 0 Supreme(All) 1431 • India - Allahabad

MARKANDEY KATJU, UMESHWAR PANDEY

School, Gorakhpur, and the Army Welfare Education Society. ... Issues: The main issue was whether the Army School and the Army Welfare Education Society were considered State under Article ... The appellant argued that the school and the Army Welfare Education Society were not State under Article 12 of the Constitution, ... That the Army Schoo....

Shailja Chhikara VS Board Of Administration, Army Welfare Edu. Society Thru. its Chairman

• India - Allahabad

PANKAJ BHATIA

Public School, citing violation of Army Welfare Education Society Rules and principles of natural justice. ... Termination - Contract of Service - Societies Registration Act - Army Welfare Education Society Rules - ... Article 12 of the Constitution of India - [Societies Registration Act, Army Welfare Education Society Rules, Article 12 of the Constitution ... In support of the s....

2024 0 Supreme(All) 1133 • India - Allahabad

SUBHASH VIDYARTHI

Writ Petition - Service Regularization - Article 12, Article 226, Army Welfare Education Society v. ... Furthermore, the Supreme Court's previous rulings clarified that the Army Welfare Education Society operates as a private entity, ... Issues: Whether the writ petition against the Army Welfare Education Society is maintainable under Article ... It has been pleaded that #HL_STA....

Geeta Sharma VS Union of India through Education Officer

2001 0 Supreme(Raj) 582 • India - Rajasthan

J.C.VERMA

– Held – Army welfare Education Society is a registered Society registered under the Societies Registration Act – Governed by the ... (Para 24)(b) Constitution of India, Art. 12 – Whether the Army Welfare Education Society is a `State and amenable to writ jurisdiction ... Any such rule made by authorities of Army School to the effect that temporary employee of Society shall not be allowed the bene....

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