RAJESH KUMAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners, who are four in number, have filed the present writ petition challenging notice/orders dated 27.3.2012 and 31.3.2012, passed by respondent no.5, which are contained in Annexure-11 and 13 to 16 to the writ petition. The order dated 31.3.2012 notices that the petitioners had failed to appear in the screening test organized by the institution to assess the teaching ability and that they had failed to participate in such test previously also. An inference, therefore, has been drawn that petitioners have failed to provide qualitative teaching in the institution and by giving them a month's salary their services have been terminated. These orders have been passed by the Commandant, 12th Battalion, PAC, Fatehpur in his capacity as an office bearer of the Society running the educational institution in question.

(2.) The orders are assailed primarily on the ground that principles of natural justice have been breached inasmuch as no notice or opportunity of any kind was given to the petitioners before terminating their services. It is also urged that the petitioners were selected after undergoing a fair and transparent process, long back, and therefore, they cannot be compelled to appear in the screening test for which no provision otherwise exists in the rules of the Society that governs the institution. It is also urged that petitioners' act of not participating in the screening test cannot be construed as an act of misconduct, nor would it justify the order of termination against petitioners. The petitioners further claim that they were provided pay scale of Rs.1100-1550 vide letter dated 13.4.2000 and have been denied benefit of pay revision consequent upon introduction of Sixth Pay Commission Report.

(3.) The petition is opposed by the institution on the ground that a writ would not lie against it, which is purely a private body and is neither receiving any aid nor is regulated by any statutory provisions. It is sought to be contended that the police personnel for the welfare of their children have formed a Society known as Uttar Pradesh Police Shiksha Samiti, which is duly registered under the Societies Registration Act , 1860. The payment of salary to the employees/teachers is released from the funds generated by way of contribution made by the police personnel whose children are studying in the institution and/or from the fee collected from students and that no budgetary support or aid of any kind is provided by the State.