(1.) Heard Mr. P.K. Tiwari, learned counsel appearing for the petitioners. Also heard Mr. A. Apang, learned Addl. Sr. Govt. Advocate appearing for the State respondent Nos. 1 & 2, and Mr. J. Hussain. learned counsel appearing for the private respondent Nos. 3 to 5.
(2.) The petitioner, during the relevant time was serving as Junior Teacher in the Ram Krishna Mission School, Along in the West Siang District, Arunachal Pradesh. The School authority alleging certain misconduct against the petitioner demoted him to the rank of Assistant Teacher by holding a departmental proceeding, which is the subject matter of challenge of this writ petition.
(3.) At the out set, a preliminary point has been raised by Mr. Hussain, the learned counsel for the respondent Nos. 3 to 5 about the maintainability of the petition. It is submitted by the learned counsel, the R.K. Mission School, not being a State or 'other authority' within the meaning of Article 12 of the Constitution of India, no writ lies against the said school. It is further submitted that the R.K. Mission School is neither a statutory body nor the State has got any pervasive control over the Mission in the matter of its management and it is a Society registered under the Societies Registration Act. However, the impugned decision is an administrative one taken by the Management of the Mission for internal discipline amongst the teachers of the School, this petition is not maintainable.