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W.P.No.1422 of 2022 challenges the letter of the 4th respondent dated 12.11.2021 vide proceedings No.298/APS/Ch/AWES passed by the 4th respondent and seeks a writ in the nature of mandamus, directing the respondents 4 and 5 to issue a confirmation order as enlisted in the Application submitted by the 5th respondent School in the Final Submission dated 21.05.2012 to the petitioner within a stipulated time; and W.P.No.5596 of 2022 challenges the relieving order issued by the 5th respondent in letter No.APSC/RO/2022/2 dated 28.02.2022 in respect of the petitioner and seeks a direction to the respondents 4 and 5 to issue a confirmation letter thereby regularizing his appointment as TGT (Mathematics) Teacher with effect from the completion of one year of probationary period i.e., from 03.04.2017 with all monetary benefits.

9. It is the further contention of the respondents 4 & 5 that status of Army Public Schools have been reiterated in AWES letter dated 28.03.2023. The State Government has no role whatsoever in the policy regarding service conditions. Even CBSE in its letter dated 05.01.2013 clarified the position in this regard. While admitting that the petitioner's appointment was confirmed on 31.03.2012 and again on 08.11.2019, the respondents 4 & 5 contended that the appointment of the petitioner for a fixed term of three years on contract basis was confirmed after one year of probation. Though the fact that the management had informed the petitioner in W.P.No.1422 of 2022 that her appointments were confirmed on 31.03.2012 and again on 08.11.2019 is admitted by the respondents 4 & 5, they denied the fact she was appointed on contractual basis for a fixed tenure of three years as per orders of appointment and her appointments were confirmed after one year of probation. https://www.mhc.tn.gov.in/judis 12 of 45 W.P.Nos.1422 & 5596 of 2022

17. Per contra, Lieutenant Colonel Ganesh, learned counsel for the respondents 4 & 5 contended that Writ Petition is not maintainable as against the 5th respondent which is a private educational institution as no grant whatsoever provided by the Government and it is further contended by him that State Government has no role whatsoever in controlling the school run by the Army Welfare Education Society (AWES). The Teachers and Staff members have been appointed as per the bye-laws of the AWES.

18. Lieutenant Colonel Ganesan further contended that the petitioners were appointed only on contractual basis and not on any permanent post on regular basis. Students of the Army alone are given admission in the school and therefore, at no stretch of imagination, it can be held that the school discharges public duty. Therefore, according to him, the writ petitions are not maintainable https://www.mhc.tn.gov.in/judis 16 of 45 W.P.Nos.1422 & 5596 of 2022 He further added that even the circular issued by AWES would clearly indicate that State Government has no controlling authority over the schools run by the AWES.