REKHA SHARMA Vs. PUNJAB STATE

JUDGEMENT

(1.) THE petitioner has sought a mandate to the respondents, including the Managing Committee, Mahabir Sanatan Dharam Public High School, Bathinda, to permit her to join duties as Director Physical Education, in this petition under Articles 226/227 of the Constitution of India.

(2.) THE petitioner joined the service of Mahabir Sanatan Dharam Public School, Bhatinda ('the M. S. D School', for short) as Director Physical Education on July 23, 1983 and since then she had been working continuously as such; that she was initially appointed on probation for a period of one year and she completed her probation periodsatisfactorily on August 22,1984 and was made permanent; that respondent No. 3 obtained security deposit of Rs. 1000/- on her successfully completing the probation period; that after her confirmation in the service of the M. S. D. School, regular Provident fund deductions were started from her salary and she was allotted Account No. 11191 by the Regional Provident Fund Commissioner, Chandigarh; that the service conditions of the petitioner are governed by the Privately Managed Recognized Schools (Employees Security of Service) Act, 1979 and the Rules of 1981 framed thereunder, but to her surprise, respondent No. 3 did not allow her to enter the school premises on April 2, 1993 when as usual she went to attend her duties.

(3.) WRITTEN statement has been field on behalf of respondent No. 3. A preliminary objection has been taken that the M. S. D. School is not a State within the meaning of Article 12 of the Constitution of India and as such the writ petition under Article 226 of the Constitution is not maintainable against it; that the provisions of the Privately Managed Recognised Schools (Employees Security of Service) Act, 1979 are not applicable as respondent No. 3 does not receive grant-in-aid from the State of Punjab; that the affairs of the M. S. D. School are controlled by Sanatan Dharam Mahabir Dal Education Board, Punjab and that the petitioner does not come to the School in the evening for conducting evening physical exercises of the students.