LALSA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner has filed present writ petition under Article 226 of the Constitution of India with the prayer that respondents may be directed to pay salary to the petitioner of the post of Clerk. According to petitioner's counsel petitioner was appointed in the year 1998 in pursuance to advertisement in the institution namely ; Sardar Patel Kanya Junior High School (in short hereinafter referred as School). Petitioner was duly appointed by Selection Committee on the post of Clerk in the School in question on 31.3.1998. Since then petitioner has been continuing in service on the post of Clerk.

(2.) IT has been submitted by petitioner's counsel that opposite party No. 2 had granted approval of the appointment of teachers and staff of the school in question on 3.1.1999. According to petitioner's counsel the School in question was recognised institution and petitioner's appointment was also approved by opposite party No. 2 alongwith others on 3.1.1999.

(3.) ADMITTEDLY, Committee of Management is society registered under Societies Registration Act. Accordingly, whether the School in question which is a private institution managed by a Society registered under Societies Registration Act may be amenable to writ jurisdiction? Whether the School in question is a "State" under Article 12 of the Constitution of India? Whether petition is maintainable?