MRS. A.M. LAZARUS Vs. STATE & OTHERS

JUDGEMENT

(1.) .:- By this application, the petitioner has challenged the order of termination dated 19th April, 1996, on the ground that the petitioner should not have been terminated in the manner, as it has been done, as on the date of termination, the petitioner was deemed to have been a confirmed employee. Admitted position is that apart from the aforesaid letter of termination, there was no other method and procedure, by which the service of the petitioner could be taken away.

(2.) A preliminary question has been raised as regard the maintainability of the writ petition, saying that this is a school run by the Anglo Indian Community and absolutely run and administered by the private individuals. No Government control is there nor any significant financial aid is being granted by the Government. Moreover, this is a contractual right and obligation between the parties, relating to service, which is of a private character. Unless the agreement is having a public character, no writ is maintainable.

(3.) Mr. Bose, learned Senior Counsel, appearing for the petitioner, while meeting this point of maintainability submits that under the scheme of the Constitution, every citizen has got fundamental right to get education. Therefore, the person or persons, who have taken the duty of imparting education, they discharge public duty. Moreover, this school gets financial aid from the Govern ment and also is regulated to some extent, by the Government regulations. In support of his submission, he has relied on a decision of the Supreme Court, reported in 1997(3) S.C.C. 571.