Allahabad High Court
S.K Varshney vs Principal, Our Lady Of Fatima Higher ... on 15 September, 1999
Equivalent citations: 1999(4)AWC3244
Author: M. Katju
Bench: M. Katju
JUDGMENT N. K. Mitra C.J. and M. Katju, J.
1. This Special Appeal has been filed against the judgment passed by the learned single Judge dated 26.5.99.
2. We entirely agree with the learned single Judge who has held that the institution Our Lady of Fatima Higher Secondary School. Ramghat, Aligarh, is a private body and hence no writ lies against it. We are also of the opinion that no writ lies against the said institution because it is a minority institution and as held by the Supreme Court in Yunus Ali Shah v. Mohd. Abdul Kalam and others, JT 1999 (3) SC 32, it was not necessary to take prior approval of any authority before terminating the service of the appellant, in view of Article 30 of the Constitution. In Committee of Management v. Raj Kumar Shukla and others, Special Appeal No. 298 of 1999, decided by us on 15.9.99, we have held that in view of the aforesaid decision of the Supreme Court, the Full Bench decision of this Court in J. K. Kalra v. R. I. G. S.. 1996 (3) UPLBEC 169, is no longer good law.
3. Hence for both these reasons, this appeal is not maintainable.
4. The Appeal is dismissed.