Madhya Pradesh High Court
D.N. Sharma vs Union Of India on 30 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:27379
1 WP. No. 1063 of 2015
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
WRIT PETITION No. 1063 of 2015
D.N. SHARMA AND OTHERS
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Vikas Samadhiya - Advocate for petitioners.
Shri Praveen Kumar Newaskar- Deputy Solicitor General for respondents No.1
to 5/UOI.
Reserved on : 29.08.2025
Pronounced on : 30.10.2025
___________________________________________________________________
ORDER
This petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following reliefs:-
"7.1 That, this Hon'ble court may kindly be pleased to call the record for the kind perusal of this Hon'ble court.
7.2 That, this Hon'ble court may kindly be pleased to issue appropriate writ/order to quash/set aside the order dated Discriminatory impugned Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 2 WP. No. 1063 of 2015 orders dated 11.06.2014 and 21.10.2014 annexed here with as ANNEXURE P-1. to the petition, and maintain the parity with the KVS employees for the DA and other pecuinary benefits.
7.3 That this Hon'ble court may kindly be pleased to issue order to enforce the recommendations of 5th and 6th pay commissions,in words and view of central Govt. and establish as well as maintain the status of the petitioners visa a visa to KVS employees. 7.4 That any other relief which this Hon'ble Court may deems fit and proper for the sake of justice."
2. In the reply, the respondents have taken the preliminary objection that petition is not maintainable as BSF Education Fund Society is completely private in nature and no grant-in-aid has been received from Central Government/MHA for running the said school. It is a registered society under the Societies Registration Act, 1860, therefore, the Society cannot be considered as a State, thus the petition under Article of the Constitution of India is not maintainable.
3. Learned counsel for the petitioners submitted that the petitioners are the employees of BSF Sr. Secondary School, Tekanpur, M.P.(herein after called the "school" alone) which has been established, operated and managed through different funds originated from BSF itself and by the different grants received from the Govt. Apart from the defense as well as security task, the BSF has also aimed for the various other welfare activities for their own employees. For the purpose of proper Organization and management of the said objects, BSF has created few funds getting regular finance from the BSF. As per the BSF Manual "apart from welfare, Regimental Institutional Management, interaalia education is also one of the basic functions to be discharged by the BSF." And for this concern the BSF School were established and to supervise these Schools a CENTRAL EDUCATION COMMITTEE (herein after called CEC alone.) was constituted Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 3 WP. No. 1063 of 2015 and this CEC is composed of all BSF officials. Copy of the detail of expenditure by BSF private Fund for the month August 2014 is Annexure P-3 to the petition.
4. It is further submitted that the BSF came into being on 01.12.1965 the first edition of the BSF Manual on administration came into force in the year 1991, which provides for the basic framework, objective and functions of the BSF. The BSF Manual Vol. VIII of the Admn. Directorate clearly provides that apart from welfare, Regimental institution Management, inter alia education is also one of the basic administration functions to be discharged by the BSF. The entire structure for the administrating the said objective education is provided in the chapter 3 of the said Manual. BSF Schools are being established to achieve the basic objectives and functions of the Border Security Force. All the administrative as well as financial activities of the BSF schools are being Controlled and Managed by the CEC. The Finance of the BSF schools is also being managed through BSF Central Education Fund (herein after called CEF, alone), which has been majorly supported by the Contribution of all BSF personnel's (including the petitioner's contribution from salary account) to the Education Fund as well as all money received on account of sale of the proceeds of melted brass of empty cartridges purchased from the Govt. stock. And grants received from Central and State Govt. The aforesaid CEF constructed and formed under the provisions of BSF Account's Manual and therefore, it is clear that the said funds through which the BSF Schools are managed is the creation of statutes belonging to the BSF. It is also pertinent to state here that; all the activities of the BSF schools as well as the relevant Funds are controlled, Managed, Supervised by the Authorities of BSF and MHA. Thus it is clear that Union of India having a Deep and Pervasive administrative and financial Control over the BSF Schools Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 4 WP. No. 1063 of 2015 and therefore, the same is the instrumentality of the state within the meaning of the Art. 12 of Indian Constitution. Therefore also BSF Schools are amenable to the Writ Jurisdiction of this Court. The respondent Ministry of Home Affairs of Govt. of India promulgated & published a"BSF EducationCode" (herein after called the Code,alone) for the organization, Management and Control of the BSF Schools as well as the condition of services of employees of these schools. The code also provides the provision regarding to the constitution of CEC under clause 1.7.of chapter 1and accordingly CEC consist of all officials of BSF. The copy of the relevant portion of the BSF Education Code is Annexure P-4 to the petition. The code also provides the provision regarding to the CEF construed for the finance management of the BSF schools and accordingly CEF receives the major finance part from the Contribution of all BSF personnel's (including the petitioner's salary account) to the Education Fund as well as all consideration received on account of sale of the proceeds of melted brass of empty cartridges purchased from the Govt. stock and money received by the way of grants, gifts, donations, beneficiations, bequests or transfer. It is pertinent to state here that, the power to amend the code also lies in Ministry of Home Affairs of Govt. of India,for which an Annual Report on the working of the CEF required to be submitted to the central Govt. through the Director General of BSF, which also shows that the Union of India have a deep Control on the functioning of these schools. To fortify this fact the petitioners place reliance upon a document dated 18.05.1993 communicated by the Govt. of India to all Chairman and Director of BSF schools. As stated above it is clear that the BSF School are being run through the education fund which receives huge grant from the Central Govt. therefore, the BSF school are Government Aided Schools under the Govt. of Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 5 WP. No. 1063 of 2015 India. A certificate was also been issued for the aforesaid fact by the Dy.Comdt. (Admn.) Jalandhar Cant.
5. Learned counsel for the petitioners further submitted that the BSF CEF is receiving grant-in-aid from Ministry Of Home Affairs. To fortify this fact, the petitioners reliance upon the Auditor's Report of payments and receipts of BSF Education Fund for the year 1987-88,1993-94,2003-04. The receipt and payment sheet for aforesaid years clearly shows that the maximum amount has been received as grant in aid from Ministry of Home Affairs, Govt. of India. Copy of the auditor's Reports is collectively annexed as Annexure-P-7. In the 2009-2010 also Dy.Comdt. (Edu), Head Qwater, DG ,BSF, New Delhi has issued the proposed budget for the year 2009-2010 for all BSF Schools. The proposed Budget clearly shows that the budget for running the BSF Schools is Controlled and Managed by the Ministry Of Home Affairs, Govt .of India.
6. It is further submits that the said BSF Schools are being run in the buildings erected upon the lands belonging to the Govt. of India and even the accommodation to the teaching as well as non-teaching staff are given in the residential buildings belonging to the Govt. of India It is further submitted that the work for raising construction and maintenance of the residential buildings for the School Staff has been done by the BSF Authorities. Copy of a tender Notice issued by another school administration (Rajasthan) of aforesaid category Respondent(s) on behalf of president of India. Apart from the salary, allowances, and accommodations facilities, the other infrastructure is also provided by the Govt of India to the BSF Schools. In this regard the petitioners place reliance upon the certificate dated 28.08.2008 issued by the Dy.Comdt.(Admn.), HQ.DG Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 6 WP. No. 1063 of 2015 BSF.MHA, New Delhi. Whereby 25 computers systems have been delivered to BSF Sr. Secondary School Sriganganagar Showing that the same does not involve any second sale. The work for establishing any facility or raising construction of any building for proper management and administration of BSF Schools is also done by the BSF authorities. In this regard, the petitioner place reliance on the tender advertisement published in Hindustan Times on 20.04.2009. It is pertinent to state here that all the said advertisements related to the BSF schools are being published through the Directorate of advertising and visual publicity which is meant for publishing the Govt. advertisement and notification. The facts stated above and the documents annexed clearly shows that the BSF schools are being established, run, operated, managed and financed by Govt. of India and the same is inbuilt part of Border Security Force. Therefore, the BSF schools are nothing but the Central Govt. entity. The respondent vide order dated 23-10-2014 (Annexure P/12) clearly declared that all schools run by Sainik Schools, Rashtriya Military Schools, Army Schools, Navy Schools, Airforce Schools and schools run by the State Govt./ MHRD/ different ministry/departments are of Govt. category. The petitioner had also been through his council also asked by an application under RTI Act to the respondent CBSE regarding to the statutory personality and mandatory pay scale and benefits in BSF schools in light of their Rules, directions and conditions. In reply the respondent CBSE stated that: the Board vide policy decision dated 24-05-2014 converted all schools run by Sainik Schools, Rashtriya Military Schools, Army Schools, Navy Schools, Airforce Schools and schools run by the State Govt./ MHRD/ different ministry/departments into Govt. category.
Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:27379 7 WP. No. 1063 of 2015
7. It is further submitted that the persons employed in the BSF Schools are also the members of Force i.e. BSF it is submitted that after registration of fund and establishment of the BSF Schools, for a consideration long time various competent authorities of the BSF have been deputed in the BSF Schools for discharging teaching as well as non teaching function. Currently Respondent No.5 who is 2IC, IRLA No. 19563848, at BSF Tekanpur, while at present, he is also working as Principal BSF Sr. Secondary School, Tekanpur M.P. during his office hours in pursuance of the order dated 08.05.2014 passed by the Director cum Chairman BSF Sr. secondary school Tekanpur. It is pertinent to state here that the services rendered by the said officials in the BSF Schools are treated as services in the Force and according to the aforesaid order, the respondent had not receive any extra financial benefits for this work in school and even after retirement from the school, the said officials receiving pension from the BSF. It is pertinent to point out here that the appointment of the teaching as well as non teaching staff in the BSF schools were being done by the authorities of the Ministry Of Home Affairs (MHA).and the all concerned appointments were reported to DG Delhi. It also shows the control of central Govt. on the administration and function of the said schools. The petitioner further place reliance upon the letter dated 04.09.2014 by which the respondent requested DIG(ADM) to Deputy Secretary CBSE, Delhi to leave them (BSF School)in status of Private category, inspite of Govt. category in pursuance of order dated 25.05.2012 passed by CBSE affiliation Board. While by the letter dated 18.12.2014 CBSE made it clear to Respondent(s).that the category of Respondent's school cannot be remain private mere on the ground that placing in Govt. category increased the court cases against them. It is pertinent to mention Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 8 WP. No. 1063 of 2015 here that, even transfers of the employees of BSF Schools are being done by the Authorities of BSF, in confirmation to the DG's Secretariat, Delhi, and MHA on behalf of Govt. of India.
8. Learned counsel for the respondents submitted that BSF Sr. Secondary Schools are running by BSF Central Education Fund Society which is administered by Central Committee of BSF Education Fund. School is run by BSF Education Fund as a welfare of BSF Jawans which is purely contributory in nature from BSF Jawans and no government fund is involved at all. MHA intimated vide its L/No.27011/49/2014-R&W dated 29.08.2014 (Annexure R/5) with regard to approval of Ministry in "Seema Prahari Kalyan Kavach Sheme"
(like another Private Fund scheme of BSF for welfare of welfare of BSF Jawan) that since DG BSF is the Chairman of Governing Body and is competent to decide all matters related to the welfare of BSF Jawans in consultation with other members of governing body, thus approval of Ministry is not deemed necessary. Said fund is administered by the Central Committee of BSF Education fund headed by DG BSF and other members of BSF in ex-officio capacity in addition to their own duties as a welfare measure of troops, which is registered as a Society under the Societies Act XXI of 1860 on 16th June, 1978 at Delhi. The source of income of BSF Education fund is voluntary contribution of BSF Jawans and fee collected from students. No grant is received either from State or Central Government.
9. It is further submitted that the main source of income of BSF Education Fund is regular monthly contribution of BSF serving personnel including private fund employees. In this context, copy of circular Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 9 WP. No. 1063 of 2015 No.21(1)/14/44GBM/EDN/ADM-V/BSF/13/1540/1860 dated 09th May, 2013 (Annexure R/6). It is also submitted that the BSF Sr. Sec. Schools fall under private body run by BSF Education Fund Society and not under Government aided school. Annexure P-6 cannot be construed as a legal document as it does not show any certificate number or dispatch number of the school and Deputy Commandant (Administration) Jalandhar is not authorized to issue such certificate as he is not the member of BSF Central Education Committee. Accordingly, the said document has been declared to be fake document by the Central Committee of BSF Education Fund Society vide letter dated 15.09.2014 (Annexure R-7). It is further submitted that fund mentioned in the payment and receipts of BSF Education fund for the year 1987-88, 1993-94, 2003-04 released by MHA for that particular period (long back) as special welfare grant in lieu of sale of EFCs for providing various welfare activities and facilities to BSF personnel and their family and fund was deposited in education fund which is a contributory fund, to carry out certain welfare activities at various BSF School/Institutions. BSF schools are being run purely by contributory fund. This amount released way back cannot be treated as an aid from MHA for Education fund to run the schools, however, there after, no aid/grant received from Central/State Government. In this context audit report for recent last two financial year 2012-13 & 2013-14 and MHA letter dated 16.08.2007 (Annexures R-2 & R-3).
10. It is also submitted that advertisement was published in the local leading news papers for adverting the vacant posts of Teaching/Non-teaching staff. Advertisement charges were released out of the BSF Education Fund from time to time and not out of the Government fund. The powers of framing rules and Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 10 WP. No. 1063 of 2015 policy for BSF Schools are vested with Central Education Committee headed by Director General BSF (Ex officio Capacity) and other members of BSF Central Education Committee are also Ex-officio. Ministry of Home Affairs has no role in framing the policy of schools. The petitioners are not the members of the Force. It is further submitted that the writ is not maintainable as the BSF Sr. Secondary schools are being run by above mentioned society which has already been decided by the Hon'ble Division Bench of this Court in W.A.No.319/2010. There is no deep rooted and pervasive control which the Central Government enjoys over the society to bring it within the purview of Article 12 of the Constitution of India and for this reason alone the petition deserves dismissal.
11. Learned counsel for the respondents further submits that all six BSF Sr. Secondary Schools including BSF Senior Secondary School Tekanpur are run purely out of BSF Education Fund which is being administrated by a Central Committee headed by the DG BSF and other members in ex-officio capacity to facilitate better education to the wards of BSF personnel as a welfare activity, and registered under the Societies Act XXI of 1860 on 16th June 1978, Annexure R-
1. The source of income of BSF Education Fund is contribution of BSF Jawans and fee collected from students. It is totally run by the voluntary contribution of BSF personnel on monthly basis and no any other grant is received either from the Central Government or from the State Government. In this regard, copy of Government of India, MHA letter dated 16th August, 2007 Annexure R-2. Further audit of BSF Education Fund is done every year by Registered Chartered Accountant and got approved by the Governing body meeting of BSF Education Fund every year and further forwarded to Registrar of Societies. In this connection, copy of Audit report of BSF Central Education fund for the last Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 11 WP. No. 1063 of 2015 recent two financial years 2012-13 & 2013-14 Annexure R-3. Hence, the BSF Senior Secondary Schools do fall under the private unaided body run by BSF Education Fund Society. Moreover, since Boarder Security Force Education Fund, New Delhi is being utilized for welfare measures of BSF personnel, exemption from Income tax is given to this fund under registration u/s 12A(a) of the Income Tax Act, 1961 vide office of the Commissioner of Income Tax letter dated 13th Feb, 1979, Annexure-R3A.
12. Considering the above mentioned facts, it is evident that the BSF Education Society is not the instrumentality of the State within the meaning of Article 12 of the Constitution of India and hence, the present petition is not maintainable directly before this Court. Further, the writ is also not maintainable as the BSF Senior Secondary School being run by the above mentioned society which has already been decided by the Hon'ble Division Bench of this Court in WA. No.391/2010 titled by Smt. Snehlata Tiwari Vs. Union of India and others. Further, the management committee of the school in question comprises of officers of the BSF in their ex-officio capacity by virtue of the positions they hold in the BSF. However, the same cannot be construed as control by the Government over the BSF Education Fund. Therefore, there is no deep rooted and pervasive control which the Central Government enjoys over the society to bring it within the purview of article 12 of the Constitution of India. Hon'ble Division Bench of this Court in W.A. No.391/2010 has held that the petition is not maintainable against the BSF Senior Secondary School being run by the private educational society. The BSF Education Fund Society being society registered under the Societies Registration Act 1860 is not amenable in the writ jurisdiction of this Court as no grant of any kind is received by the Central Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 12 WP. No. 1063 of 2015 Education Society from the government. Hence, it is not an instrumentality of the State under Article 12 of the Constitution of India and therefore, present writ petition is not maintainable before this Court. The Border Security Force Sr. Secondary School being run by the society of BSF is not a amenable to writ, this has already been decided and again by the High court in the case of WP.64.2001, W.P.2230/2010 and Writ Appeal No.391/2010. Further, the committee of the school in question comprises of officers of BSF in their ex-officio capacity by virtue of the positions they hold in the BSF. However, the same cannot be construed as a control by the Government over the BSF Education fund and this work also does not form the part of official and statutory duties of the concerned officers. Further, these officers of BSF who are the members of the Central Committee are not getting/being paid any financial incentives/allowances for performing their duties as a member of said committee. That no representatives of the Ministry of Home Affairs, Ministry of Education and Central Government are members of the Central Education Committee.
13. In such facts and circumstances, this society is completely an independent body which functions according to the provisions of BSF Education Code formed by the society itself and duly approved by the appropriate authority. Hence, the contention of petitioner's counsel that the society is a 'State' under Article 12 of the Constitution of India and amenable to writ jurisdiction under Article 226 of the Constitution of India is devoid of merit and cannot be sustained. The Division Bench of this Court in the case of Virendra Singh Vs. Principal, Christ Church Boys Senior Secondary School, Jabalpur and another reported in 2011(4) MPLJ 587 has considered and decided that unaided school run by a minority society is not a State. The Writ Court considered the judgment of Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 13 WP. No. 1063 of 2015 Hon'ble Supreme Court passed in the case of Shri Anandi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust and others Vs. V.R. Rudani and others reported in AIR 1989 SC 1607 and the judgment has been given. Similarly, Division Bench of this Court passed the judgment in the case of Sunil Kumar Saxena Vs. Holy Cross Ashram Higher Secondary School, Datia and others reported in 2009(4) MPLJ 641. Similarly this Court in the case of Yashwant Singh Sikarwar Vs. Teresian Carmel Education Society reported in 2008(4) MPLJ 611 has also held and decided after considering the judgment rendered by Hon'ble the Supreme Court in the case of S.K. Varshney Vs. Principal, Our Lady of Fatima H.S.S. and ors. passed in civil appeal No.8783/8784 of 2003 in which Supreme Court has relied upon its own judgment passed in the matter of Sushmita Basu and others Vs. Ballygunge Siksha Samity and ors reported in (2006) 7 SCC 680. In such facts and circumstances of the case, this petition is not legally maintainable.
14. Hon'ble Madras High Court in the case of K. Marappan (Appellant) Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636001, WP 1573 of 1998 decided on 29 September, 2006, has held as under:-
"In the referring order Bench has observed that there can be two kinds of co-operative societies -one which can be regarded as an instrumentality of the State within the meaning of Article 12 of the Constitution, and the other which is not an instrumentality of the State within the scope of Article 12 of the Constitution. While a writ will lie against a co-operative society falling under the first category, no writ will lie against a co-operative society as an instrumentality of the Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 14 WP. No. 1063 of 2015 State under Article 12 of the Constitution or not will depend upon the various tests laid down by the Supreme Court in various decisions e.g. whether there is deep and pervasive control of the Government, extent of the share holding of the Government, etc. It cannot be laid down as a universal proposition that no writ can ever lie against a co- operative society."
15. In this case, no such deep and pervasive control of the government on this BSF Education Society exists, hence, no writ is maintainable against the BSF Education Fund Society as neither the Central/State Government has any control/authority over the society nor the society performs any task as an instrumentality of State. Same view has also been taken by the Apex court in the case of Pradeep Kumar Biswas and others Vs. Indian Institute of Chemical Biology and others, Appeal (civil) No.992/2002 which was decided on 16/04/2002. Therefore, there is no deep rooted and pervasive control of Govt. over institutions/school run under BSF Education Fund Society.
16. As per CBSE affiliation bye law, definitions of affiliation, Government aided School & private unaided school is as under (copy of affiliation bye-laws Annexure R-4).
"Private Unaided School" means a school run by a society/trust duly constituted and registered under the provisions of Central/State Act not getting any regular grant-in-aid from any Government sources.
17. As per definition of affiliation by law, the constitution and functioning of BSF Schools are akin to private unaided school.
Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:27379 15 WP. No. 1063 of 2015
18. As far as affiliation of above BSF Sr. Secondary Schools are concerned, it is submitted that BSF Sr. Secondary Schools were affiliated with CBSE under "Independent Category" since its start functioning. But all of sudden category was changed to "Government Aided Schools" after affiliation committee of CBSE Meeting held on 24.05.2012 and it was decided that all such schools which are being run by the different Ministry/Depts./Govt Organizations/Undertakings directly ог indirectly by creating their societies may henceforth be put under Govt/Govt. aided school category. On this BSF Education fund society represented the matter to the deputy Secretary (Affiliation) CBSE, New Delhi vide our L/No.21/26(5)(1)/2014-Edn/Adm- v/BSF/3955 dated 04th Sept., 2014 (Annexure-P/15) with the request to reconsider the decision taken by CBSE regarding status of BSF Schools and place them in the category of independent private schools on the basis of that no grant-in-aid is received from any government. But board of CBSE New Delhi (Affiliation Branch) has not considered the request to change the category of your school from Government to independent vide their L/No.6842 dated 18th December, 2014. However, next superior authority, the Secretary, Ministry of HRD, Government of India has been approached vide DO L/No.21/26(5) (1)/2014-Edn/Adm-V/BSF/1297 dated 16.03.2015 Annexure R-4A with the request to restore the status of BSF Schools in independent category on the basis of above facts, since it does not receive any grant in aid either from the Government or state Government.
19. Further, it is submitted that the society is completely an independent body which functions according to the provisions of BSF Education Code, formed by the society to run the schools under its aegis. The pay and allowances and service Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 16 WP. No. 1063 of 2015 conditions of BSF Sr. Sec. School staffs are regulated by the regulation of BSF Education Code and decision of the Governing body meeting of BSF Education Fund. However, Sr. Sec. Schools are being affiliated to CBSE, following the CBSE syllabus course curriculum and exam pattern but for other administrative issues.
20. Heard learned counsel for the parties and perused the record.
21.Coordinate Bench of this Court in the case of Smt. Snehlata Tiwari Vs. Union of India and others [W.P. No.2230/2010(s), order dated 30.04.2010] has already considered that the school run by Central Academy, New Delhi. Boarder Security Force, Central Education Fund Committee, New Delhi is a private body, which is not receiving grant-in-aid from the Central Government or State Government, therefore, the High Court does not have jurisdiction to deal with the writ petition in service matter under Article 226 of the Constitution of India.
22. That identical W.P.No.8408/2012 decided by order dated 19.12.2012 by coordinate Bench of this Court. The relevant portion thereof reads as under:-
"10. The respondents have categorically stated that they are not getting any grant-in-aid from the State or Central Government. The school in question is run by the society and officers of BSF are holding post in ex-officio capacity. This cannot be construed as pervasive control by the BSF or by the Government on the institution or on the Society.
11. The respondents in para 8 of the said application stated that certain amounts were received in the year 2003-2004 and in certain other financial years from the Ministry of Home Affairs as special welfare grant for welfare of Force Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 17 WP. No. 1063 of 2015 Personnel in lieu of sale proceeds of Empty Fire Cartridges deposited into Govemment Treasury. It is stated that it is not a regular grant- in-aid. This amount was also utilized as a welfare measure for widow, wards etc.
12. In the opinion of this Court, various Benches of this Court have already opined that the respondents-institution is not amenable Lo the writ jurisdiction of this Court. This view is taken by the writ Court in Narendra Kumar Jain (supra) and by the Division Bench in Smt. Snehlata Tiwari (supra). I am bound by those judgments. However, unless petitioners are in a position to provide clinching material to show that the respondents- institution are getting regular grant-in-aid, this Court cannot take a contrary view and it cannot be held that writ petition is maintainable against the respondents society/institute. It is profitable to refer to a larger bench decision of this Court rendered in W.A. No.138/06 (State of M.P. & Others Vs. Chandar Shekhar Azad Shiksha..) reported in 2008 (1) Μ.Ρ.Η.Τ. 123. In para 13 of the said judgment, this Court opined that the grant-in-aid should be understood in the context of a statutory provision. The grant- in-aid should be a continuous event. Merely because it was given for a particular year for a particular purpose and that event is over, it cannot be treated that the society is continued to be an aided society/school. Applying the said analogy, it is clear that the aid which has been granted was for a particular financial year against a particular head. The petitioners are unable to establish that there is continuous payment of grant-in-aid by the Government to the institute in question. In absence of establishing the same, there is no reason to deviate from the view which has been taken by this Court. Accordingly, I am unable to hold that the respondents- institution is an aided institution and writ petition is maintainable against it.
13. Although, Shri N.K. Gupta relied on judgment of Rajasthan High Court, but an in-depth reading of the said judgment shows that it is on different subject. The question of Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 18 WP. No. 1063 of 2015 receiving grant-in- aid and tenability of writ petition for that reason was not the question before the Rajasthan High Court. He also relied on (2009) 15 SCC 221 (Madhya Pradesh State Cooperative Dairy Federation Limited and Another Vs. Rajnesh Kumar Jamindar and others), (2002) 5 SCC 111 (Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology and others) and 2007 (2) M.P.L.J. 594 (M.P. State Cooperative Dairy Federation and others Vs. Madan Lal Chourasia).
14. In the opinion of this Court, the legal preposition laid down in the said judgments are in fact the litmus test to determine whether a writ can be issued against the institution or whether a particular body can be treated as "State" within the meaning of Article 12 of the Constitution. On the basis of principles laid down in Pradeep Kumar Biswas (supra), said matters are decided. If these principles are applied, the petitioners are unable to show any deep and pervasive control of Government or BSF authorities on the respondents-institution. Merely because some officer is holding a post in the society in ex-officio capacity, it cannot be said that the BSF or Government has a deep and pervasive control over the affairs of the society. Grant-in-aid is not continuously given to the society or to the institution. Thus, the litmus test laid down in Pradeep Kumar Biswas (supra) and other cases is also not satisfied.
15. Apart from this, in 2008 (4) M.P.L.J. 611 (Yashwant Singh Sikarwar Vs. Teresian Carmel Educational Society and others). it was held that in cases of relief which are personal in nature, no question of public law element is involved and, therefore, writ petition is not maintainable. In present cases also, the- petitioners have prayed for relief which are personal in nature. A Division Bench of this Court in 2009 (5) M.P.H.T. 364 (DB) (Sunil Kumar Saxena Vs. Holy Cross Ashram Higher Secondary School, Datia and others) took the same view after considering catena of judgments of this Court and the Supreme Court. It is opined that writ petition Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 19 WP. No. 1063 of 2015 against unaided institution is not maintainable. No writ can be issued if no element of public law is involved in the matters. In a recent judgment reported in 2011 (4) M.P.L.J. 587 Virendra Singh Vs. Principal, Christ Church Boys Senior Secondary School, Jabalpur and another), the Principal Seat also took the view that writ against unaided minority institution is not maintainable. For the twin reasons stated above, the petitions cannot be entertained. It is made clear that this Court has not expressed any opinion on the merits of the case and it will be open for the petitioners to avail the remedy in accordance with law.
16. Consequently, petitions are dismissed. No cost."
23. The order dated 19.12.2012 passed in W.P.No.8408/2012 attained finality and the major issue involved in the matter as to whether the writ petition is maintainable against the Society or not, has been finalized and on the basis of the aforesaid, this writ petition is also not maintainable.
24. The Hon'ble Apex Court in the case of St. Mary's Education Society and another Vs. Rajendra Prasad Bhargava and others [(2023) 4 SCC 498] has held as under:-
"75.4 Even if it be perceived that imparting education by private unaided the school is a public duty within the expanded expression of the term, an employee of a nonteaching staff engaged by the school for the purpose of its administration or internal management is only an agency created by it. It is immaterial whether "A" or "B" is employed by school to discharge that duty. In any case, the terms of employment of contract between a school and nonteaching staff cannot and should not be construed to be an inseparable part of the obligation to impart education. This is particularly in respect to the disciplinary proceedings that may be initiated against a particular employee. It is only where the removal of an employee of nonteaching staff is regulated by some statutory provisions, its Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:27379 20 WP. No. 1063 of 2015 violation by the employer in contravention of law may be interfered by the court. But such interference will be on the ground of breach of law and not on the basis of interference in discharge of public duty.
75.5 From the pleadings in the original writ petition, it is apparent that no element of any public law is agitated or otherwise made out. In other words, the action challenged has no public element and writ of mandamus cannot be issued as the action was essentially of a private character."
25. The Co-ordinate Bench of this Court in the case of Dr. Ravindra Singh Vs. Union of India and Others in W.P.No.1096/2013 decided on 16.10.2024 has already considered that BSF Sr. Secondary School, Tekanpur (respondent No.5) in present case is an institution, which is registered under the provisions of the Societies Registration Act. The Society is not regularly receiving any grant- in-aid from Central Government or the State Government. Society cannot be treated as a State within the meaning of Article 12 of the Constitution of India.
26. In view of the foregoing analysis, this Court is of the considered opinion that the petitioners are the employee of an institution, which is registered under the provisions of the Societies Registration Act. The Society is not receiving any regular grant-in-aid from Central Government or the State Government Society cannot be treated as a State within the meaning of Article 12 of the Constitution of India.
27. Consequently, this writ petition is hereby dismissed. No order as to cost.
(Anand Singh Bahrawat) Judge Monika Signature Not Verified Signed by: MONIKA SHARMA Signing time: 10/31/2025 5:47:28 PM