JAGDISH NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri S.C. Kushwaha for the Petitioner and Sri H.N. Pandey for the Respondents and perused the record.

(2.) The Petitioner is a teacher in a private institution namely Sarswati Vidya Mandir, Senior Secondary School, Etah which is affiliated to Central Board of Secondary Education and having been terminated by the Management of the Institution, has preferred the present writ petition.

(3.) Sri H.N. Pandey, learned Counsel appearing for the Respondents has raised preliminary objection that the writ petition is not maintainable and has placed reliance on a Full Bench decision in M.K. Gandhi and Ors. v. Director of Education (Secondary U.P., Lucknow and Ors., 2006 62 AllLR 27 as also the Apex Court decision in appeal taken up from that judgment as Civil Appeal No. 339 of 2007, Committee of Management, Delhi Public School and Anr. v. M.K. Gandhi and Ors. decided on 16th August, 2007 which both have been referred to in Smt. (Dr.) Deepa Agarwal v. State of U.P. and Ors. in Writ Petition No. 29743 of 2009 decided on 11th June, 2009.