- (1.) This order will dispose of a bunch of three writ petitions bearing C.W.P. Nos. 10563, 11053 and 10985 of 2004, as common questions of law and facts are involved.
(2.) We have perused the written statement which shows that the remedy of filing of writ petition under Article 226 of the Constitution is not maintainable. In support of the aforementioned contention, learned counsel for the respondent has cited a Division Bench judgment of Jammu and Kashmir High Court in the case of Asha Khosa V/s. Chairman Army Public School in W.P. (Service) No. 1415 of 1996 decided on 17.2.1997. The issue has been decided that the Army Welfare Education Society running the Army School is not amenable to writ jurisdiction under Article 226 of the Constitution. Against the aforementioned view of the Division Bench of Jammu and Kashmir High Court, Special Leave Petition No. 6482(c) of 1997 was filed and the same has been dismissed by Hon'ble the Supreme Court vide order dated 31.3.1997 (R-2). The Division Bench of this Court has also followed the aforementioned view in the case of Upma Kalia and another V/s. Army Public School, Jalandhar, (CWP No. 15202 of 2002) decided on 26.8.2003 and in the case of Vinod Kumar V/s. Ministry of Defence and others, (CWP No. 17615 of 2003) decided on 18.11.2004.
(3.) In view of the above, we dismiss the writ petition on account of non- maintainability. However, the petitioner shall be at liberty to avail of any other remedy in accordance with law, for the same cause of action, if so advised.;