PROMILLA BAIS Vs. PRINCIPAL, DALY COLLEGE

JUDGEMENT

(1.) IN this petition, filed under Art. 226 of the Constitution, Petitioner is praying for quashment of the order of termination of her services; for declaration, that her services have never been legally terminated; she still continues in service, without break; to restore her in service with all consequential and incidental benefits; to give effect to the order dt. 22.9.1997, passed by this Court in W.P. No. 857/1997 and for quashment of the charge -sheet, issued to her.

(2.) THE petition had come -up for admission before this Court, after issuance of show -cause notice to the Respondents on 17.3.1998. It appears, on the said date, objection was raised with regard to maintainability of a writ petition, filed against the Respondents. The Court considered the objection, but, placing reliance on judgments, reported in AIR 1989 SC 1607; AIR 1998 SC 295 and 1994 MP LLR 174; prima facie, came to the conclusion that Daly College/Respondent No. 1, would be amenable to writ jurisdiction and will be "State" under the definition of Art. 12 of the Constitution. Thus, the petition, on the said date, was admitted for final hearing. It has now come -up before me for final hearing.

(3.) IT has been felt by this Court, to resolve this dispute, as number of petitions against Daly College and other such Educational Institutes are coming up. So far question, whether Respondent No. 1/Daly College, would be a State, covered under the definition of Art. 12; consequently, would be amenable to writ jurisdiction under Art. 226 of the Constitution, has not been examined critically, specifically and the question has not yet been set at rest.