KISHORE DEVI UNIYAL Vs. COMMITTEE OF MANAGEMENT
HIGH COURT OF UTTARAKHAND
Kishore Devi Uniyal
The Committee of Management and Another
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(1.) This writ petition is only being argued on behalf of petitioner No. 1, as petitioner No. 2 has already been deleted from array of parties. Heard learned Senior Advocate Mr. Sharad Sharma assisted by Mr. J.S. Bisht Advocate for the petitioner No. 1 and Mr. B.N. Molakhi, Advocate for the respondents.
(2.) Petitioner No. 1 (hereinafter referred to as the "Petitioner") was appointed as Assistant Teacher in Primary Section of an Army School which is situated at Raiwala, Dehradun Uttarakhand. The school is being run by Committee of Management which is under the control of Army Welfare Education Society (hereinafter referred to as "AWES"). The services of the petitioner were terminated vide order dated 28.9.1998. Learned counsel for the respondents Mr. B.N. Molakhi has raised a preliminary objection that the AWES is neither State nor any instrumentality of the State, as contemplated under Article 12 of the Constitution of India nor an "Authority" so that the writ petition could be filed under Article 226 of the Constitution of India. It is undisputed that the AWES are imparting education to children which is a public function. Moreover, this fact now stands settled by the Division Bench of this Court in case of Km. Vimi Joshi Vs. Chairman, School Managing Committee and others (Writ Petition (S/B) No. 398 of 2004) where the similar objection was raised by the respondents, which was rejected by the Division Bench of this Court. The relevant paragraph of the said order reads as under:-
9. It was contended on behalf of the Management Committee that the School is not amenable to the jurisdiction of Writ Court. It was contended that the Division Bench of another Court has held that it is not an Authority within the meaning of Article 12 of the Constitution of India. In paragraph-20 of the judgment of Hon'ble Supreme Court, referred above, the Hon'ble Supreme Court, in no uncertain terms, has held that the School is a 'Public Enterprise'. In view of such pronouncement of the Hon'ble Supreme Court, we hold that the School is an Authority within the meaning of Article 12 of the Constitution of India and, accordingly, is answerable for each of its actions, which is tainted.
(3.) Moreover, it is a clear view of this Court that after Right to Education Act being incorporated as a Fundamental Right under Article 21-A of the Constitution of India, the respondents' authority are imparting education to children and they are admittedly doing a public function. Therefore, in any case, they are amenable to writ jurisdiction of this Court. It is also admitted fact that the Society which is being run by an Ex Officio serving army officer and it is under a deep and pervasive control of the army authorities. Therefore they are amenable to writ jurisdiction under Article 226 of the Constitution of India and the preliminary objection raised by the respondents stands rejected.;
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