SYED ZULAIKA Vs. DIRECTOR MONTESSORI SCHOOL (ABACUS), CHENNAI

JUDGEMENT

(1.) THIS writ petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus to quash the order, dated 11.4.2011, passed by the first respondent and to direct the first respondent to reinstate the petitioner in service, with all service benefits.

(2.) THE petitioner has stated that she had passed B.Sc. Degree, in Nutrition Food Service Management, in the year, 1991. Thereafter, she had passed M.Sc. Degree, in Human Development, in the year, 1993. She had also passed her M.Phil course, in the year, 1994 and had also obtained a B.Ed. Degree, in the year, 2007. Thereafter, she had passed M.Sc., degree, in Physiology, in the year, 2009. She has further stated that she was selected and appointed as a Teacher in the Abacus Montessori School, on 23.2.2009. The terms and conditions of her appointment order are as follows:-

(3.) A counter affidavit, dated 15.6.2011, has been filed on behalf of the first respondent stating that the writ petition is not maintainable, as the first respondent-School would not come under the definition of 'State', under Article 12 of the Constitution of India. The learned counsel appearing on behalf of the first respondent had also stated that the first respondent-School, namely, Abacus Montessori School, is not a Government Aided School. He had further stated that the petitioner had been appointed, on 23.2.2009. She was on probation for one year, from the date of the commencement of her work. Thereafter, the probation period had been extended till 31st of May, 2011. However, the petitioner had been terminated from service, by an order, dated 11.4.2011, as the service rendered by the petitioner was not satisfactory.