- (1.) HEARD Sri Rahul Jain, Advocate for the petitioners and Sri Anurag Khanna as well as Sri H.N. Pandey, Advocates for the respondents.
(2.) A preliminary objection has been raised that the respondents-Institution, i.e., Dayawati Modi Academy (ii), Modipuram Meerut is a private institution recognised by Central Board of Secondary Education and no writ petition is entertainable against the said institution under Article 226 of the Constitution in view of Full Bench judgement of this Court in M.K. Gandhi and others Vs. Director of Education (Secondary), U.P., Lucknow and others, 2005(4) ESC 2265. In the Civil Appeal No. 339 of 2007 (Committee of Management, Delhi Public School and another Vs. M.K. Gandhi and others) preferred against the said judgment of this Court, the Apex Court in its judgment dated 16.08.2007, while confirming the view of this Court, has further held that no direction can be issued to C.B.S.E. Interfering with the termination of Teachers and held as under: "When the Allahabad High Court has already held that the DPS School is not a State within the meaning of Article 12 of the Constitution of India and the writ petition is not maintainable, there was no necessity for giving a direction to the CBSE which virtually amounts to granting a declaration in favour of those teachers whose services have been terminated. We fail to appreciate the view taken by the Allahabad High Court by unnecessarily complicating the issue by involving the CBSE for a private dispute between the teachers and the DPS. The Allahabad High Court should have stop short of holding that the said DPS is a private body and the writ is not maintainable. Hence, we are of the view that no writ is 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 have been given by the High Court to the CBSE for interfering with the termination of the teachers. The proper remedy for the teachers was to file a civil suit for damages, if there was any. Consequently, we allow this appeal and set aside the order passed by the Allahabad High Court to the extent of giving a direction to the Board. There will be no order as to cots." This Court following above decision in M.K. Gandhi (supra) has also taken a similar view in respect to another private institution recognised by Central Board of Secondary Education in Civil Misc. Writ Petition No. 29743 of 2009, Smt. (Dr.) Deepa Agarwal Vs. State of U.P. and others, decided on 11.06.2009.
(3.) LEARNED counsel for the petitioners could not make any submission either to distinguish the aforesaid decision or to pursue this Court to take a different view.;