Sunil Kumar vs The Union Of India on 13 December, 2021

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Patna High Court

Sunil Kumar vs The Union Of India on 13 December, 2021

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5947 of 2020
     ======================================================
1.    Sunil Kumar son of Krishna Prasad resident of Mohalla Gandhi Nagar
      Jehanabad, P.S.- Jehanabad, District- Jehanabad.
2.   Ranjit Kumar son of Satendra Prasad Yadav resident of Village- Mayapur,
     P.S.- Goh, District- Aurangabad.

                                                                 ... ... Petitioner/s
                                     Versus
1.   The Union of India through the Principal Secretary Ministry of Education,
     Shastri Bhawan, New Delhi.
2.   The Central Board of Secondary Education through Chair Person Shiksha
     Kendra- 2 Community Centre Preet Bihar, New Delhi.
3.   The Secretary the Central Board of Secondary Education Shiksha Kendra- 2
     Community Centre Preet Bihar, New Delhi.
4.   The President of DAV School Managing Committee Chitra Gupta Road
     New Delhi 55.
5.   The Regional Officer DAV Public Schools Bihar Zone II Cant Area Gaya.
6.   The Assistant Regional Officer, Lalganj Itari Road Buxar.
7.   The Head Master DAV Public School Near BMP Campus, Nandan Dera
     Dumraon Buxar.
8.   The State of Bihar through the Principal Secretary Department of Human
     Resources Govt. of Bihar, Patna.
9.   The District Education Officer, Buxar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Nand Kishore Prasad Sinha, Advocate
     For Respondent No. 7   :      Mr. Anil Kumar Singh, Advocate
                                   Mr. Sanjay Kumar Singh, Advocate
     For the Respondent/s   :      Mr. Pramod Kumar Singh, AC to Sc-16
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
     ORAL JUDGMENT
      Date : 13-12-2021

                  Heard the learned counsels for the parties.

                  2. In the instant petition, petitioners have prayed for

      following reliefs:

                                      "1. That this is an application
                            for issuance of an appropriate writ order or
 Patna High Court CWJC No.5947 of 2020 dt.13-12-2021
                                           2/3




                                direction for quashing the letter dated
                                1-12-2019

issued under the signature of the Director DAV College Managing Committee Directing the Regional Officer DAV Public Schools Bihar Zone B Gaya as contained in Annexure-6 whereby and whereunder the computer teachers who were appointed on regular basis and does not possessed the degree of B.Ed degree be discontinued on the competition of the current academic Sessions as per the revised criteria of appointment of computer Teachers as per Appendix VII of Affiliation Bye laws 2018 and also the communication in pursuance there of a letter dated 1-12-2019 issue to the petitioners under the signature of Head Master DAV Public School Dumaraon as contained in Annexure-7 and 7/1. Where by and where under the services of the petitioners as TGT PRT teacher in computer science in the DAV public School Duraon will be discontinued with effect from 1-4-2020 as the petitioner is not possessing the B.Ed Degree as per the guide line of the DAV CMC New Delhi and their services after completion of current academic sessions 2019-2020 without any basis after a lapse of 7 years of continued service in the school and as such the action of the Respondent is arbitrary in nature and is not purmissible in law and thus vitiated and a Prayer is also made to direct the Respondents to allow the petitioner to continue in their services in the Schools."

3. Undisputedly, petitioner's grievance is against private institution/management and it will not fall under Article 12 of the Constitution of India. Therefore, the present petition is not maintainable under Article 226 of the Constitution in the Patna High Court CWJC No.5947 of 2020 dt.13-12-2021 3/3 light of the Apex Court's decision rendered in Radhey Shyam Vs. Chhabi Nath reported in (2015) 5SCC423.

4. Accordingly, the instant petition stands dismissed reserving liberty to the petitioner to resort appropriate forum.

(P. B. Bajanthri, J) rakhi/-

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Uploading Date          18.12.2021
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