- (1.) The petitioner has filed the writ petition seeking a direction to the respondents to continue her service in the Bhartiya Vidhyapeeth Bal Bharti Senior Secondary School Vibhav Nagar, Agra Cantt, Agra till the end of the academic session 2015-16 on the post of Assistant Teacher. A preliminary objection has been raised by Sri S.P. Sharma, learned counsel for the respondent no.3, Central Board of Secondary Education that the writ petition is not maintainable as the Institution is a purely private Institution. He further submits that there is nothing in the pleadings of the petitioner to show that the College in question is receiving any grant-in-aid.
(2.) Reference has been made of a Full Bench judgement of this Court M.K. Gandhi and Others Vs. Director of Education (Secondary), 2005 3 UPLBEC 2187 U.P. Lucknow wherein in the matter of the Delhi Public School it was held that the said School was not receiving any grant-in-aid by any Government Agency and there is no Government control, therefore, the School is not a 'State' within the meaning of Article 12 of the Constitution of India. Paragraph 8 of the Full Bench reads as under: "8. The D.P.S. School is managed by a private committee of management. There is neither any pleading nor any averment that that it is a State within the meaning of Article 12 of the Constitution. There is also no pleading that it receives any financial aid from the Government or a body that is State within the meaning of Article 12 of the Constitution. During arguments a statement was made at the bar that the DPS School does not receive any financial aid or grant-in-aid from any Government agency. There is no Government control. The D.P.S. School is not a State within the meaning of the Article 12 of the Constitution."
(3.) However, so far as the Central Board of Secondary Education was concerned, it was held that the fact that the Board does not receive any financial aid from the Government is not a conclusive factor to determine whether it is a 'State' within the meaning of Article 12, other factors have also to be looked into and thereafter the Full Bench proceeded to hold that the Board is a 'State' within the meaning of Article 12 of the Constitution of India. Thereafter certain directions were given by the Full Bench to the effect that the Board may issue a show cause notice to the Delhi Public School as to why it may not be disaffiliated for terminating the services of the petitioner therein unless the Delhi Public School undertakes to conduct an enquiry in affiliation bye-laws and pass appropriate orders afresh etc.;