Jammu & Kashmir High Court
Baljeet Singh And Ors vs Army Public School And Ors on 3 December, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr.No.27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 402/2024 c/w
CCP(S) No. 151/2024
WP(C) No. 695/2024
Baljeet Singh and Ors. .... Petitioner(s)
Through :- Mr. Ajaz Chowdhary, Advocate.
V/s
Army Public School and Ors. ....Respondent(s)
Through :- Mr. Eishaan Dadhichi, GA.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
03.12.2024.
WP(C) No. 402/2024 c/w WP(C) No. 695/2024
1. The record reveals that vide order dated 19.11.2024 learned counsel for the respondents was granted a week's time to examine the judgment relied upon by the respondents in the instant case titled "Shivali Sharma v. Army Public School and Ors." (WP(C) No. 533/2024) decided on 22.10.2024 which has been passed on the basis of judgment passed by the Apex Court in case titled "Army Welfare Education Society New Delhi v. Sunil Kumar Sharma".
2. The record reveals that on the last date of hearing, the petitioner was granted time to examine the same with a rider that in case the petitioner fails to argue and assist the Court on the next date, the interim direction passed by this Court shall be vacated.
2
3. Heard learned counsel for the parties and perused the material on record. I have examined the plea raised by the petitioners in the instant case and also the judgment rendered by this Court mentioned supra which is squarely applicable to the instant cases as the facts pleaded and the issue raised in the instant cases are identical which have been dealt with by this Court in the aforesaid judgment dated 22.10.2024.
4. It has been brought to the notice of this Court by learned GA appearing for the respondents that the judgment passed by this Court has not been assailed as on date and the same has attained finality.
5. Thus, it can safely be concluded that the instant petition is covered by the judgment passed by this Court in Shivali Sharma's case (supra). The operative portion of the said judgment is reproduced hereunder:-
"53. Considering the aforementioned legal principles alongside the unique circumstances of the present case, this Court holds that the Army Welfare Educational Society does not qualify as a State, and its relationship with its teachers constitutes a private contract that cannot be enforced through writ jurisdiction under Article 226 of the Constitution of India.
54. The Court acknowledges and is also conscious of the fact that there were no detrimental factors against the petitioners-teachers that might justify their termination: therefore, the petitioners are permitted to seek redressal of their grievances before appropriate forum.
55. This Court is not inclined to exercise its inherent jurisdiction under Article 226. The instant petition is dismissed as non-maintainable, along with all miscellaneous applications. Interim direction, if any, shall stand vacated.
56. The Registry is instructed to return the record submitted by Vishal Sharma, learned DSGI, upon proper receipt."3
6. In the light of the law laid down by this Court in WP(C) No. 553/2024 decided on 22.10.2024, both the petitions are hereby dismissed along with all the connected applications.
7. Interim direction, if any, shall stand vacated. CCP(S) No. 151/2024
Since both the main petitions stand dismissed, the contempt petition also does not survive and, accordingly, proceedings in this contempt petition shall stand closed and the instant contempt petition is disposed of.
Rule, if any, shall stand discharged.
(Wasim Sadiq Nargal) Judge Jammu:
03.12.2024.
Neha-1 Neha Kumari 2024.12.04 16:55 I attest to the accuracy and integrity of this document