Court No. - 18 Case :- WRIT - A No. - 36524 of 1992 Petitioner :- R.B.Sharma Respondent :- C/M & Others Petitioner Counsel :- Anil Bhushan Respondent Counsel :- Ak Gupta,Sc Hon'ble Arun Tandon,J.
Petitioner was employed in a private institution affiliated to the Central Board
of Secondary Education, New Delhi. He is aggrieved by an order dated
17.8.1992 whereby his services have been terminated by the Manager of the
Institution.
Learned counsel for respondents points out that the present writ petition is not
maintainable, inasmuch as services of the petitioner have been terminated by
a private institution affiliated to Central Board of Secondary Education. The
Hon’ble Supreme Court of India in Civil Appeal NO. 339 of 2007
(Committee of Management, Delhi Public School & Anr. vs. M.K.
Gandhi & others) decided on 16th August, 2007 has held that a writ petition
cannot be entertained against a private school as it is not ‘State’ within the
meaning of Article 12 of the Constitution of India and no direction could be
issued to the Central Board of Secondary Education for interfering in the
termination of the services of the teacher. The proper remedy available to the
teachers is to file a civil suit.
In view of the said decision of the Hon’ble Supreme Court of India in the case
of Delhi Public School (supra), this Court has no other option but to hold
that the present writ petition is not maintainable.
This writ petition is accordingly dismissed with liberty to the petitioner to
seek remedy before appropriate Civil Court having jurisdiction over the
matter.
Order Date :- 29.7.2010
Puspendra