HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Case No SWP No. 2821/ 2001 Date of decision 2-12-2008, ________________________________________________________ Jugal Kishore Vs Principal MMHAG & ors. ________________________________________________________ Coram: HON’BLE MR. JUSTICE Y. P. NARGOTRA _________________________________________________ Appearing counsel : For Petitioner(s)/appellants : Mr. H C Jhelmeria, Advocate For the respondents. Mr. Pranav Kohli, Advocate. i) Whether to be reported YES/NO in Press/Journal/Media: ii) Whether to be reported in YES/No Digest/Journal: ________________________________________________________ The petitioner has filed this writ petition against the Principal, Maharaja Hari Singh DAV School, R S Pura; Regional Director, MHAG School Nagbani and DAV College Managing Committee, Chitra Gupta Road, Paharganj, New Delhi for seeking the following reliefs: “Issuance of an appropriate writ in the nature of- i) Certiorari calling for record of the order of the respondents by virtue of which they have terminated the services of the petitioner as Teacher from the respondent No.1’s School and quashing the same being the constitutional, arbitrary and 2 passed in violation of the principles of natural justice; ii) Mandamus directing the respondents to reinstate the petitioner without any break in his service and to pay him the back wages alongwith interest with further directions to pay him damages for causing him harassment and metal tension; iii) Direction may also be issued to the respondents to regularize his services.” Mr. Pranav Kohli, learned counsel for the respondents raised a preliminary objection regarding the maintainability of the writ petition. He submits that the respondents being not the State or any instrumentality of the State within the meaning of Article 12 of the Constitution of India is not amenable to the writ jurisdiction of this Court. In support of his contention he relies upon a judgment of this Court dated 25-4-2008 rendered in Girja Nakasi & ors Vs State and others, SWP No. 807/ 2004 in which besides the State of Jammu and Kashmir, the DAV College Managing Committee as well as Regional Director, DAV Public Schools, Jammu were parties. This Court while up-holding the similar preliminary objection held as follows:- “On consideration of the matter, I do not find any force in Mr. Gupta’s contention. This Court has in Master Akshit Ashok’s case (Supra) dealt with a similar issue and held that a school run by unaided Educational Society which has not been declared as an authority or State within the meaning of Article 12, the Management of the School or its 3 functionaries are not amenable to writ jurisdiction. The authority squarely applies to the facts of the present case. The authority cited by Mr. Gupta, learned counsel for the petitioner will not apply to the present case, in that case the teachers were asking for equal pay on the parity of teachers working in the Government schools and it was held that they cannot be denied the benefit which is available to others as they are entitled to equal pay at par with the Government employee under Article 39 (d) of the Constitution. In the present case the petitioners are not seeking any relief from the official respondents, but seek quashment of their terminations which have been passed by the private respondents, namely, the School Management, as such, the proper remedy is not by way of writ petition.”. In the present case also, the relief sought is against the Management Committee as well as its functionaries. The respondents in view of the ratio of the above quoted judgment are not amenable to writ jurisdiction. The petition as such does not lie. It is therefore, dismissed with liberty to the petitioner to approach the Civil Court, if he so desires. ( Y.P. NARGOTRA ) JUDGE JAMMU December 02, 2008. * Maini * 4