- (1.) THE petitioner who is a teacher in DAV High School, Dhanbad has prayed for issuance of an appropriate writ/ order restraining respondent No. 3, the Managing Committee of the said school from appointing respondent No. 4 as Headmaster in the said school.
(2.) PETITIONERS case is that he being the seniormost teacher was appointed by the Governing body as incharge headmaster. It is alleged that the Managing Committee of the said school illegally and arbitrarily appointed respondent No. 4 as headmaster of the said school. Mr. Shekhar Prasad Sinha raised a preliminary objection with regard to the maintainability of the writ application against the Governing Body of the said school and this Court also, while issuing notices, expressed its doubt in the order dated 20.7.2000 with regard to the maintainability of the writ application, Mr. Sinha, learned counsel, submitted that DAV school. Dhanbad is a religious minority institution and the Governing Body of the said school is not a State within the meaning of Article 12 of the Constitution of India.
(3.) FROM perusal of the writ application it appears that the petitioner has admitted in para 5 of the writ application that DAV school, Dhanbad is a minority institution established under Articles 29 and 30 of the Constitution of India. It is, therefore, clear that the school in question which is a religious minority institution is run by the Governing Body and there is no interference in the internal administration of the school. In my opinion, therefore, the instant writ application is not maintainable against the Governing Body of the said school.;