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6. It is submitted that the termination is capricious, arbitrary and is a breach of right to life, as envisaged under Article 21 of the Constitution. The learned Single Judge without appreciating the facts in proper perspective, erroneously held that Army School is not an instrumentality of State under Article 12 of the Constitution of India.

7. It is submitted by the learned counsel for the appellant that the Army School is owned and controlled by Indian Army and thus qualifies to be held as an instrumentality of State under Article 12 of the Constitution of India. That AWES runs AKS, J & JAK, J W.A.No.129 OF 2009 and manages Army Schools across the country and caters to the educational needs and demands of the army personnel children. This essential function of imparting education is implicit and co-existence with other conditions of the army personnel, that educational activity is to be considered and construed as an obligation of State. The fact that AWES secures lands from the Ministry of Defence whenever it intends to establish an army school and that infrastructural facilities are provided with the support of defence services, are indicative that AWES is an instrumentality of State. That the learned Single Judge has failed to appreciate that the army school run and managed by AWES is an instrumentality of State.

8. It is further contended that sainik schools established at various places in the country are run and managed by society identical to AWES and the said society has been held to be a State within the meaning of instrumentality of State and as such AWES be held as an instrumentality of State for the purpose of Article 12 of the Constitution of India. That providing schooling facilities is an obligation of State and the right to AKS, J & JAK, J W.A.No.129 OF 2009 education at primary and secondary level is a fundamental right guaranteed to the citizens of the country and an obligation is cast upon the State to provide for infrastructural facilities and establishing schools.

9. That the learned Single Judge failed to appreciate that the powers and jurisdiction under Article 226 of the Constitution of India are wide enough to issue a writ even against a private person or an organization, where fundamental rights are under peril. That in the instant case, the appellant has been unfairly and arbitrarily terminated violating the fundamental rights guaranteed under Articles 14, 16 and 21 and hence, an appropriate writ ought to have been issued.

10. Learned counsel for the appellant contends that judicial review is designed to prevent cases of abuse of power and that a writ of mandamus under Article 226 of the Constitution of India can be issued even against a private person/authority. That mandamus cannot be denied on the ground that the duty to be enforced is not imposed by the statute and technicalities should not come in the way of granting relief under Article 226 of the AKS, J & JAK, J W.A.No.129 OF 2009 Constitution of India. The expression 'other authorities' in Article 12 of the Constitution of India has to be given broad and liberal interpretation. Under Article 226 of the Constitution of India, the High Court has power to issue directions for enforcement of rights conferred by part-III of the Constitution of India. That the Hon'ble Supreme Court in an identical matter wherein an Army Public School, B.C. Joshi Army Public School, run by AWES has held that the school is a Public Enterprise. That as held by the Hon'ble Apex Court that an Army Public School run by AWES is a Public Enterprise, the order of the learned Single Judge is not in accordance with the law laid down in D.S. Grewal vs. Vimmi Joshi and Others 1.

AKS, J & JAK, J W.A.No.129 OF 2009

18. Heard learned counsels and perused the order of the learned Single Judge, the show cause notice, the reply filed, the termination order, Rules and Regulations and the material on record.

19. It is a fact that the appellant was under a contract of employment. The school is under the control and governance of the society and AWES is a registered society under the Societies Registration Act. The Rules and Regulations govern the functioning of the school. A writ of mandamus or the remedy under Article 226 of the Constitution of India is pre-eminently a public law remedy. It is trite to state that the Hon'ble Apex Court in an identical subject matter, wherein an Army Public School runs by AWES has held that the school is a Public Enterprise. In view of the law laid down by the Hon'ble Apex Court that an Army Public School run by AWES is held to be a Public Enterprise, it goes without saying that the writ petition filed by the appellant herein is amenable to writ jurisdiction.