- (1.) Though these petitions have distinct prayers for rederessal of their grievances, however, there is commonality of questions of law and thus these petitions are being disposed of by this common order.
(2.) The petitioners in all these cases were employees of private aided institutions. These institutions have been established by the Societies and are being run by the Managing Committees/Governing Bodies of such societies. Petitioner, namely, Dr. Anand Singh Malik was working as Lecturer and has been terminated vide order dated 13.3.2008 (Annexure P-13), His revision petition against the order of termination stands rejected by the Commissioner, Education Department vide his order dated 19.10.2008 (Annexure P-15). Similarly, petitioner, Dr. Surinder Kumar Malik was working as Principal in the respondent No. 1-College and was placed under suspension vide order dated 8.3.2008 (Annexure P-1) and has been terminated from service vide order dated 22.1.2010 (Annexure R-1/22 not challenged). Petitioner, Dr. Krishna Chaudhary was also working as Principal in the aided college, namely, Maharani Kishori Jat Kanya Mahavidyalaya. She was placed under suspension vide order dated 8.3.2008 (Annexure P-2). Disciplinary proceedings have been initiated in respect of petitioner-Krishna Chaudhary by issuing charge-sheet. She has challenged the charge-sheet, enquiry report and the show cause notice. All the petitioners have also challenged the approval granted by the Government for disciplinary action against them.
(3.) Respondents in their reply have objected to the maintainability of the writ petition on the ground that the petitioners have efficacious remedy of fling appeal, in view of the judgment of Hon'ble Supreme Court in the case of TMA Pai Foundation and others v. State of Karnataka, 2002 8 SCC 481 and the notification dated 8.9.2005 issued by the Haryana Government, Technical Education Department, constituting appellate forums.;