Court No. - 11 Case :- MISC. SINGLE No. - 246 of 2010 Petitioner :- Saraswati Vidya Mandir Sitapur Thorugh Its Manager Respondent :- State Of U.P.Through Secy. Institutional Finance Lko.And Ors Petitioner Counsel :- O.P.Mishra Respondent Counsel :- C.S.C.,M.B.Singh Hon'ble Anil Kumar,J.
Heard Sri O.P. Misra learned counsel for the petitioner and Sri
M.B.Singh, learned Standing Counsel for the opposite parties.
By means of present writ petition , the petitioner, who is a
Manager of the institution known as Saraswati Vidy Mandir, Ram
Bagh Ashram, village & post Parsendi , District
Sitapur( hereinafter referred to as ‘institution’) has prayed that a
direction may be issued to the respondent nos. 4 and 5 i.e.
Principal of the Institution and the alleged Manager thereby
directing them not to interfere with the work of the petitioner on
the post of Manager.
A preliminary objection has been raised by Sri M.B. Singh learned
Standing Counsel that the Institution (Saraswati Vidy Mandir) is
neither the State nor any instrumentality of the State within the
definition of the Article 12 of the Constitution of India.
Accordingly, the present writ petition filed by the petitioner is not
maintainable.
Learned counsel for the petitioner does not dispute the above said
facts.
As such the present writ petition is dismissed on the ground that
Saraswati Vidy Mandir is neither the State nor any
instrumentality of the State within the definition of the Article 12
of the Constitution of India so the present writ petition filed by the
petitioner is not maintainable under Article 226 of the Constitution
of India.
Order Date :- 27.1.2010
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