VIJAY SHANKAR DIXIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment and order dated 17th November, 2009 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition on the ground of maintainability.

(2.) The Appellant herein is an assistant teacher of the Birla High School which is undisputedly a private school run by the Managing Committee and is governed by the Service Rules framed by the Vidya Mandir Society, namely, "Vidya Mandir Society Service Rules". Appellant being aggrieved by the decision of the Managing Committee of the said school for initiation of the disciplinary proceedings by issuing a chargesheet, filed a writ petition which has been dismissed by the learned Single Bench by the judgment and order under appeal.

(3.) Birla High School, being managed by a private organization, a preliminary objection was raised with regard to the maintainability of the writ petition before the learned Single Judge. Learned Single Judge, upon considering the submissions of the learned Counsel of the respective parties, upheld the said preliminary objection raised on behalf of the Respondents.