SUDESH MUKUL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Dr. R. G. Padia for the petitioner and Sri P. K. Mukerjee for the respondent Nos. 3 and 4.

(2.) The grievance of the petitioner is that she has been retired of the age of 58 years while she claims that she should have been retired at the age of 60 years. Learned counsel for the petitioner relied on the bye-laws of the Central Board of Secondary Education which he has quoted in paragraph 1 of the writ petition. In my opinion, these bye-laws can not be said to have statutary force. The condition of employment of the Our Lady Fatima Higher Secondary School, Aligarh, has been Annexed as C. A.-1 to the counter-affidavit and it has been mentioned therein that the retirement age is 58 years.

(3.) Moreover, I am the opinion, that this writ petition is not maintainable for two reasons (1) it is minority institution and hence protected by Article 30 of the Constitution vide Saint Joseph Higher Secondary School v. R. S. Sharma, AIR 1976 All 390 (2) it is an un-aided private institution and hence no writ petition is maintainable.