BHARATIYA VIDYA BHAVAN, MNSHI SADAN Vs. RAJU B.

JUDGEMENT

(1.) These appeals concern a common issue relating to maintainability of the Writ Petition filed against Bharathiya Vidya Bhavan having affiliation with the Central Board of Secondary Education (CBSE). In W.A. No. 1060 of 2019 arising from WP(C) No. 17603 of 2013, the issue involved was relating to a disciplinary action taken by Bharathiya Vidya Bhavan, an unaided school against the Writ Petitioner. The appellants raised a question regarding maintainability of the Writ Petition. Writ Petitioner inter alia contended that the show cause notice issued by the Management and the decision to conduct an enquiry is in violation of principles of natural justice. The appellant contended that in so far as the school is an unaided school, in respect of disciplinary action taken by the Management against a teacher, writ of certiorari or writ of mandamus cannot be issued. The learned Single Judge having considered the matter and placing reliance upon various judgments of this Court and the Apex Court held that, the Writ Petition was maintainable and thereafter proceeded to arrive at a finding that the show cause notice as well as the decision to conduct enquiry was bad in law and accordingly quashed the said proceedings.

(2.) In WA No. 1347 of 2019 arising from WP(C) No. 10980 of 2019, the writ petitioner challenged the decision of the Management, which is an unaided school keeping her out of service at the age of 56, despite the fact that the retirement age as per the bye law conditions of the school was 60 years. In that case, the learned single judge after having relied upon the judgment in Sommy Kunjappan and Ors. v. Central Board of Secondary Education and Ors. [2019 (1) KLT 864] dismissed the Writ Petition as not maintainable.

(3.) The short question to be considered in these appeals is whether in respect of termination of service or disciplinary action taken against a teacher wrongly in an unaided institution, a challenge can be made by filing a Writ Petition. In fact, in Sommy's case (supra) a reference has been answered by a Division Bench of this Court on 28.2.2019, wherein after considering the case law involved in the matter, it was held that a Writ Petition invoking Article 226 of the Constitution of India is not maintainable at the instance of an employee of an unaided school. While arriving at the aforesaid conclusion, Division Bench held at paragraphs 9 to 11 as under;