RACHNA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) SRI Alok Mathur, learned counsel for the respondents raised preliminary objection to the maintainability of writ petition on the ground that Army Public School is not 'State' within the definition of Article 12 of the Constitution of India. He referred to a decision of Division Bench of this Court given in the case of Army School, Kunraghat, Gorakhpur Vs. Smt. Shilpi Paul,2005 2 LBESR 457. In Para 18 of the judgment it has been held that Army School is not 'State' under Article 12 of the Constitution of India, hence writ petition itself was not maintainable.

(2.) A reference has been made to the decision of Hon'ble Apex Court dismissing the SLP directed against the order of Hon'ble Jammu and Kashmir High Court wherein similar question was raised. In para 22 of the judgment, Division Bench of J and K observed that Army Welfare Education Society is not an instrumentality of the State under Article 12 of the Constitution.

(3.) IN reply to the above submission, Sri Vijay Dixit, learned counsel for petitioner placed reliance upon the judgment of Hon'ble Supreme Court given in Civil Appeal No. 7355 of 2008 directed against the order passed by Division Bench of Uttarachal High Court. It was a case of Army Public School, challenging the order of termination in Writ Petition No. 398 of 2004(S/B) (Km. Vimi Joshi Vs. Chairman School Managing Committee and others) in which Court had granted interim order which was challenged in Special Leave Petition. Hon'ble Apex Court dismissed the appeal holding that Army Public Service School was a public enterprise. Apex Court further directed to decide the writ petition. Ultimately writ petition was allowed.