ROOPENDRA SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the respondents.

(2.) A preliminary objection has been raised with regard to the maintainability of the writ petition on the strength of the judgment in the case of M. K. Gandhi v. Director of Education, 2005 (4) ESC 2265.

(3.) Against the said decision of the Full Bench the matter was taken up in Special Leave to Appeal before the Apex Court which gave rise to Civil Appeal No. 339 of 2007. The said appeal was partly allowed with the observation that no writ is maintainable in respect of such service matters. The proper remedy for the employees was to file a Civil Suit. A copy of the judgment of the Apex Court in the said special appeal has been placed before the Court, Committee of Management, Delhi Public School and another v. M. K. Gandhi and others, Civil Appeal No. 339 of 2007. In view of this the writ petition is dismissed as not maintainable.