REENA PANTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dtd. 27/2/2019 (Annexure P-18) whereby her services have been terminated.

(2.) Counsel for the respondent raised preliminary objection of maintainability. He submits that respondent No.2 is a society registered under Society Registration Act, 1860. The respondent No.2 does not fall within definition of State or its Instrumentality as contemplated under Article 12 of Constitution of India. The respondent-Society is neither getting financial aid from the State nor directly or indirectly controlled or managed by the Government. A Division Bench of this Court in Rajni Jaiswalvs.SchoolManaging Committee,Army School,Ferozepur Cantt and another, 2007 SCC Online P&H 1472 and Andhra Pradesh High Court in Shaheeda Begum vs Prin'ipal Army SchoolSecunderabandand another, 2005 SCC OnLine AP 706 have held that Army Public School run by Army Welfare Society are not instrumentality of State in terms of Article 12 of Constitution of India, thus, writ petition is not maintainable. He further relies upon a three-Judge Bench of Hon'ble Supreme Court in Executive Committee of Vaish Degree College, Shamli and others vs. Lakshmi Narain and others, (1976)2 SCC 58.

(3.) Learned counsel for the petitioner submits that respondent is discharging public function i.e. imparting education, thus, amenable to writ jurisdiction of this Court. Though, the respondent is neither getting financial aid from the State nor controlled/managed by State still it is amenable to writ jurisdiction. In support of his contention, he relies upon judgment of Hon'ble Supreme Court in Ramesh Ahluwalia vs. State of Punjab and others, 2012 (12) SCC 331, Madras High Court in Mrs. Revathi vs. Central Board of Secondary Education and others, Writ Petition No.1422 of 2022, decided on 18/7/2023, this High Court in Surinder Singh and others vs. Union of India and others, 2016 SCC OnLine P&H 14737 and Delhi High Court in Army Welfare Education Society and anr. vs. Manju Nautiyal and anr., 2015 SCC OnLine Del 13072.