VISHWAKARMA EDUCATION SOCIETY REGD Vs. MADHU DHAMIJA

JUDGEMENT

(1.) THIS shall dispose of Civil Revision No. 3979 of 1993 and Civil Misc No. 9145 - CII of 1995.

(2.) THE revision petition has been directed against the orders of the Courts below whereby the defendants have been directed to allow the plaintiff. Madhu Dhamija, to join and work as Principal of the institution till the decision of the suit on merits.

(3.) HAVING heard the learned counsel for the parties, I am of the view that on account of subsequent events the orders under revision cannot be sustained. Defendants in their written statement apart from taking pleas on merits, also took up the preliminary objection with regard to maintainability of the suit in the form it was presented, Issue No.6, namely, whether the suit is not maintainable in the present form, was decided as a preliminary issue. The trial Court vide order dated 8.2.1995 decided issue No.6 in favour of defendants and held that since the services of the plaintiff have been terminated the plaintiff is entitled to file suit for damages and that suit for declaration is not maintainable. Thereafter, the appellate Court relying upon the decision of the Apex Court in Executive Committee of Vaish Degree College Shamli v. Laxmi Narain, A.I.R. 1976 S.C. 888 and J.Tewari v. Smt. Jawala Devi Vidava Mandir and Ors. : A.I.R. 1981 S.C. 122 has held that plaintiff's suit for declaration that she cannot be removed from service and is entitled to reinstatement, is not maintainable. The reason being that the suit has been filed against a private institution which does not come under the definition of State under Article 12 of the Constitution of India, nor it has any instrumentality of the State. Civil Revision No. 2615 of 1995 against this order came to be dismissed by this Court. In view of the decision given on issue No. 6, the defendants cannot be directed to reinstate the plaintiff as an interim measure. Remedy, if any of the plaintiff is to seek damages.