Allahabad High Court
Mrs. Uma Sharma And Another vs Union Of India And Others on 21 July, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 41879 of 2010 Petitioner :- Mrs. Uma Sharma And Another Respondent :- Union Of India And Others Petitioner Counsel :- A. K. Gupta Respondent Counsel :- A. S. G. I.,U. S. Upadhyay Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioners and learned Standing Cousnel for the State-respondents.
Petitioners, who are teachers in an institution, affiliated to Central Board of Secondary Education, seek a writ of certiorari quashing the appointment of respondent no.5 as Principal and respondent no.6 as Post Graduate Teacher/Vice Principal of the institution.
The Hon'ble Supreme Court of India in Civil Appeal No. 339 of 2007 (Committee of Management, Delhi Public School & Anr. versus M.K. Gandhi & others) decided on 16th August, 2007 has held that a writ petition is not maintainable against a private school as it is not a 'State' within the meaning of Article 12 of the Constitution of India and no direction could be issued to the Central Board of Secondary Education for interfering in the service matter of the teacher. The proper remedy available to the teachers is to file a civil suit.
In view of the said decision of the Hon'ble Supreme Court of India, this Court has no other option but to hold that the present writ petition is not maintainable. It is accordingly dismissed with liberty to the petitioner to seek remedy before appropriate Civil Court.
(Arun Tandon, J.) Order Date :- 21.7.2010 Sushil/-