- (1.) THIS appeal under Clause 10 of Letters Patent is directed against the judgment arid order dated 27.3.2001 passed in CWJC No. 2703 of 1999 (R), whereby the writ petition filed by the petitioner has been dismissed with a cost of Rs. 5,000/ - on the ground that respondent -school is not a 'State' within the meaning of Article 12 of the Constitution of India.
(2.) RESPONDENT No. 5. The Chotanagpur Diocesan Education Society is a registered society under Societies Registration Act and several minority educational institutions including St. Paul's High School. Ranchi has been established by it. The said High School is a recognised High School and receives grant in aid from the State Government. Petitioner's case is that he was working as acting Principal of St. Columbus Collegiate High School. Hazaribagh when he was selected and appointed as Principal of St. Paul's High School, Ranchi by respondent Nos. 5 and 6 who are the appointing authority. In 1999 by office order dated 3.2.1999 petitioner was put under suspension and a charge -sheet was issued in respect of certain charges levelled against him. It is contended that an inquiry was conducted and thereafter show -cause was given to the petitioner as to why he should not be removed from the service. Respondents finally passed order of removal of the petitioner from the service. The petitioner in the writ petition challenged the order of removal from service as being illegal and in violation of the provisions of Dinar Non -Government Secondary School (Taking -over of Control and Management) Act, 1981 and the rules made therein. The learned Single Judge after holding that the Managing Committee of St. Paul's High School, Ranchi is not a 'State' within the meaning of Article 12 of the Constitution of India, directed the petitioner to withdraw the writ application. However, after the learned Single Judge dictated the order, learned counsel for the petitioner prayed to the Court to pass an order of dismissal of the writ application instead of its dismissal as withdrawn. Learned Single Judge therefore passed the order dismissing the writ application with a cost of Rs. 5,000/ -.
(3.) MR . A.K. Sinha, learned senior counsel appearing for the appellant submitted that the Minority Educational Institutions run bythe Society namely, St. Paul's High School is a Government aided recognised institution and the Managing Committee of the said school are bound to follow the provisions of taking over Act of 1981. Learned counsel further submitted that in the matter of appointment and removal of teachers of the school, the Managing committee is bound to follow the provisions of the Act. According to the learned counsel, the action of the respondents is therefore amenable to the writ jurisdiction under Article 226 of the Constitution of India. Learned counsel relied upon the decision of the Supreme Court in the case of 'Francis John v. Director of Education and others', AIR 1990 SC 423. in the case of 'K. Krishnamacharyulu v. Sri Venkateswara Hindu College of Engineering and Another'. AIR 1998 SC 295, and in the case of 'Mubarak Hussain v. State of Bihar and Ors.', 1993 (1) PLJR 407.;