M CHITTI BABU Vs. BHARATIYA VIDYA BHAVAN

JUDGEMENT

(1.) This writ petition is filed by an employee of Bharatiya Vidya Bhavan whose services were terminated for issuing a writ of certiorari or any other appropriate direction on the ground that the proceedings No.BVB/T-5/91, dated 30-4-1991, issued by the first respondent is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) The petitioner claims that he has been an employee of Sri Ramakrishna Vidyalaya, Sainikpuri, from 3-7-1978. The school was run by Rama Krishna Seva Samithi, a registered society. The school was affiliated to the Central Board of Secondary Education. In the month of June, 1989, Sri Ramakrishna Seva Samithi was merged with Bharatiya Vidya Bhavan and since then the school is known as Bharatiya Vidya Bhavan School, Sainikpuri. As the school is affiliated to the Central Board of Secondary Education, the functions performed by the school are of a public nature and State nature. It comes within the meaning of 'State' as per Article 12 of the Constitution of India. He is a permanent teacher whose services were confirmed. On 30-4-1991, proceedings No.BVB/T-5/91, was issued informing the petitioner that his services are no longer required and he was paid an amount of Rs. 27,482-00 representing three months' salary in lieu of notice and various other items. The said proceedings are illegal and violative of Articles 14 and 16 of the Constitution of India. The termination of services is mala fide and there is no reason for terminating his services. Hence the proceedings dated 30-4-1991 may be quashed by issuing a writ of certiorari or any other appropriate writ

(3.) The Writ petition is resisted on the following grounds: The school is run by a private organisation and it does not receive any aid or grant either from the State or the Central Government. It does not satisfy the requirements of a State or authority or instrumentality of the State as contemplated under Article 12 of the Constitution, and, therefore, no writ petition would lie against the respondents. It is not a creature of a statute and it does not perform any public functions. The contract of employment is a pure private contract not controlled by any statute. This writpetition is not maintainable. The various allegations in the petition are false. The so called service rules framed by the C.B.S.E. do not govern the school. The Board only prescribed the minimum qualifications for the teachers to be appointed to the school. The respondent issued the proceedings dated 30-4-1991 as the petitioner's services were no longer required. He was paid a total amount of Rs. 27,482/- towards notice pay, compensation, gratuity and salary for the month of April, 1991. He was paid Rs. 4,611/- towards the refund of the Security Deposit. The action of the respondent is perfectly-legal and valid. The proceedings do not violate Articles 14 and 16 of the Constitution of India. The Writ Petition does not lie. This Hon'ble Court in W.P.No.9275 of 1987 and W.RNo. 18380 of 1987 held that the respondent-school is not a State or an instrumentality of State and that a writ petition under Article 226 of the Constitution of India is not maintainable. Hence the writ petition may be dismissed.