IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 OP.No. 23649 of 2002(M) ----------------------- PETITIONER: ------------ V.VENUGOPAL, AGED 55 YEARS, SON OF SHRI M.PARAMESWARA MENON, TGT (BIOLOGY), NSS HIGHER SECONDARY SCHOOL NO.09305,TRIPUNITHURA, ERNAKULAM DISTRICT AND RESIDING AT NALINI NIVAS, EROOR SOUTH, TRIPUNITHURA. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.RENJITH B.MARAR RESPONDENTS: ------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA KENDRA II, COMMUNITY CENTRE,PREETH VIHAR, DELHI-110 092, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR (SCHOOL AFFILIATION), CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA KENDRA II, COMMUNITY CENTRE, PREETH VIHAR, DELHI-110 092. 3. THE GENERAL MANAGER AND INSPECTOR, OFFICE OF THE GENERAL MANAGER AND INSPECTOR, NSS SCHOOLS, CHANGANASSERY, PIN-686 102. BY ADV. SRI.P.G.PARAMESWARA PANICKER SRI.P.GOPAL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008, A/W. O.P. NO. 10523/2003, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 23649/2002. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF REPRESENTATION DT. 21-1-1997. EXT.P2 DO. DO. EXT.P3 LETTER DT. 19-2-1999. EXT.P4 LETTER DT. 30-10-2000. EXT.P5 LAYER NOTICE DT. 15-2-2002. EXT.P6 REPLY LAWYER NOTICE DT. 6-3-2002. EXT.P7 SALARY SLIP DT. 30-7-1999. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R3(a) ORDER DT. 23-7-2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. Nos. 23649/2002 & 10523/2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th March, 2008. J U D G M E N T The petitioner was a teacher employed by the 3rd respondent- educational agency. Originally, the petitioner filed O.P.23649/2002 for a direction to the Central Board of Secondary Education to compel th schools run by the 3rd respondent to follow the service conditions stipulated in the affiliation bye-law and if the 3rd respondent does not follow the same, to initiate appropriate action against them. Subsequently, the petitioner filed O.P.No. 10523/2003, in which, in addition to the above prayer, another prayer was incorporated for a direction to the 3rd respondent to pay to the petitioner salary he is legally entitled to with retrospective effect. 2. The petitioner has since retired from service. Before filing O.P.No. 23649/2002, the petitioner had not approached the CBSC with any complaint regarding violation of affiliation bye-laws by the 3rd respondent. Of course, in O.P. No. 10523/2003, the petitioner has produced Ext. P3 representation filed before the CBSC. 3. Learned counsel appearing for the 3rd respondent would vehemently oppose the maintainability of the original petition itself. According to him, no public law element is involved in any action of the 3rd respondent and as such no original petition under Article 226 of the Constitution is maintainable as against the 3rd respondent. He further submits that none of the other teachers of the school has raised any complaint which the petitioner has raised in Ext. P2. 4. I am of opinion that in so far as no writ can be issued against the 3rd respondent, it would be futile to consider these original O.P. Nos.23649/02 & 10523/03 -: 2 :- petitions at this point of time. Therefore, without prejudice to the right of the petitioner to pursue Ext. P3 in O.P.No. 10523/2003, the original petitions are dismissed. Sd/- S. Siri Jagan, Judge. Tds/