- (1.) Smt. Alpana Sinha is before this Court assailing the validity of the order dated 2.5.2017 passed by the learned Single Judge in Writ-A No. 13447 of 2017 (Smt. Alpana Sinha Vs. State of U.P. & 3 others) wherein following order has been passed; "Heard learned counsel for the petitioner; Shri Ratnesh Kumar Pandey, learned counsel appearing for the respondents no. 2, 3 and 4 as well as the learned Standing Counsel appearing for the State-respondent no. 1. By means of this writ petition the petitioner has come to this Court for quashing of the order 20.3.2017 by which her services have been terminated. The institution in question is a private institution which is not aided by the Government. In similar circumstances the employee of the said institution had earlier filed a writ petition No. 57150 of 2013 which was dismissed by this Court by order dated 11.10.2013 holding that the writ petition against private institution is not maintainable in view of judgment of Supreme Court in the case of Committee of Management, Delhi Public School & others Vs. M.K. Gandhi & another in Civil Appeal No. 339 of 2008 dated 16th August, 2007. In this view of the matter, the present writ petition is also dismissed."
(2.) Petitioner appellant has contended that St. John's School is located in Jaunpur and is affiliated to Council for Indian School Certificate Examination (ISC) and Indian Certificate of Secondary Education (ICSE) Board and is established in year 1996 and is administered by the Catholic Diocese of Varanasi, a registered charitable society. It is under the religious jurisdiction of the Bishop of Jaunpur and, as such, is a minority institution, coming under the category of private institution which is not aided by the Government. Petitioner appellant has been performing and discharging her duties in the said institution and it appears that her services have been terminated. Petitioner appellant, at this juncture, filed writ petition before this Court with the prayer to quash the termination order dated 20.3.2017 passed by the respondent no. 4 i.e. Inquiry Officer, Father Susai Raj Principal, St. John's School, DLW, Varanasi and learned Single Judge, in his wisdom, refused to entertain the writ petition in question. Hence, this appeal.
(3.) Sri Anupam Kumar, learned counsel for the petitioner appellant, has proceeded to make a mention that running of the institution is a public function and, in view of this, the writ petition ought to have been entertained and requisite relief ought to have been accorded by the learned Single Judge.;