IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4100 of 2009 DEVENDRA KUMAR SHARMA, SON OF LATE JAGARNATH THAKUR, RESIDENT OF N/7, TILAK NAGAR, P.S.- PATRAKAR NAGAR, KANKARBAGH ROAD, PATNA ………………… PETITIONER VERSUS 1. THE UNION OF INDIA THROUGH SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI 2. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION,, 2-COMMUNITY CENTRE, PREET VIHAR, DELHI – 110 092 3. THE CHAIRMAN, SCHOOL MANAGEMENT COMMITTEE, GYAN NIKETAN, PATNA 4. THE ADMINISTRATOR, GYAN NIKETAN, PATNA 5. THE PRINCIPAL, GYAN NIKETAN, PATNA ………….. RESPONDENTS ----------- 03. 25.07.2011 Heard learned Counsel for the petitioner and the counsel, appearing for the Central Board of Secondary Education (CBSE). Petitioner was working as Teacher in a privately managed School, namely, Gyan Niketan. He was appointed in the year 1993, promoted to senior scale, but after 14 years of continuous service, he was terminated by the Management of School. This termination order has been challenged by the petitioner by filing this Writ Application on the ground that the school while issuing the termination order has violated the Appointment and Service Condition Rules, framed by CBSE for employees. Counsel for the petitioner submits that since Gyan Niketan is affiliated with the CBSE, as such service 2 rules for employees will be applicable in the matters of appointment, termination of employee of Gyan Niketan. Petitioner has been terminated in violation of these rules, as such the termination order is fit to be quashed. Submission made by the petitioner is not acceptable for the reason that Gyan Niketan is a minority school, managed by the private Management. So far CBSE Rules are concerned, that can have an application in the case of this school only to the extent of examination matters or in case any welfare of the students are in question. The school is affiliated with the CBSE and in case the rules, which have been framed by the CBSE is not followed by the affiliated school, in totality, normally, no disciplinary action can be taken by the CBSE, except the affiliation can be withdrawn. It is neither practicable nor permissible that for each and every matter, CBSE will be eager to withdraw its affiliation, unless the rules of affiliation are seriously violated. The relief for which the petitioner has come before this Court, if allowed, that will amount to extend the horizon erroneously so far this writ jurisdiction is concerned. I do not find any merit in the relief as prayed by the petitioner. Accordingly, it is dismissed. The 3 petitioner has liberty to approach any other alternative forum or authority, which is available to him. SKM (Mridula Mishra, J.)