LAURELS SCHOLL INTERNATIONAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally with the consent of both the parties. The present writ appeal under Sec. 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dtd. 28/10/2022 passed by the learned Single Judge in W.P. No. 11165/2021 whereby the learned Single Judge has rejected the preliminary objection with regard to maintainability of the writ petition against private unaided minority educational institution and held that the writ petition is maintainable against the private unaided institutions.

(2.) Brief facts of the case are that the appellant/respondent(respondent in writ petition) is a private unaided minority educational institution imparting education to students in Indore and does not receive any grant either directly or indirectly, from the Government. The appellant is affiliated to Council for the Indian School Certificate Examinations(for short 'CISCE' hereinafter) Thus, appellant is a private institution and is solely dependent on the fees which is received from the parents for day to day functioning including salary of its teaching and non-teaching staff.

(3.) The respondents herein had filed a writ petition bearing W.P. no. 11165/2021 challenging their termination. The respondents herein have prayed for the following reliefs in the writ petition: