IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 OP.No. 22358 of 1998(J) ---------------------------------- PETITIONER: ------------------- JOHN DOMINIC GEORGE AMBALATHUNKAL, VIII/451, KUMBALANGHI, COCHIN -7. BY ADV. SRI.N.N.SUGUNAPALAN (SR.). RESPONDENTS: ----------------------- 1. CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, COMMUNITY CENTRE, PREETH VIHAR, DELHI - 110 092. 2. REGIONAL DIRECTOR, CENTRAL BOARD OF SECONDARY EDUCATION, NO. 1630-A, J. BLOCK, ANNA NAGAR, CHENNAI - 600 040. 3. MANAGER, GREETS ACADEMY PUBLIC SCHOOL, KALOOR, COCHIN. BY ADV. SRI.EASWARAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 22358/1998-J: ORDER ON C.M.P. NO. 39401/1998 IN O.P. NO. 22358/1998-J CLOSED 26/02/2008. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE BYE-LAW PUBLISHED BY THE R.1. EXT.P.2: COPY OF THE OBJECTIONS PREFERRED BY THE PETITIONER ON 15/08/98 TO THE R.3. EXT.P.3: COPY OF THE REPRESENTATION DTD. 10/08/98 SENT BY REGISTERED POST TO THE PRINCIPAL, R.3. EXT.P.4: COPY OF THE NOTICE ISSUED PARENTS' ASSOCIATION FOR CONVENING THE MEETING ON 16/08/98. EXT.P.5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE CHAIRMAN, R.2. DTD. 06/10/98. EXT.P.6: COPY OF THE TERMS AND CONDITION OF THE SERVICES OF THE PETITIONER ISSUED BY THE R.3. DTD. 16/10/97. EXT.P.7: COPY OF THE COMMUNICATION ISSUED BY THE R.3. DTD. 29/04/98. EXT.P.8: COPY OF THE COMPARATIVE TABLE SHOWING THE SALARIES OF THE TEACHERS IN THE SERVICE OF THE STATE AND THE TEACHERS OF THE GREETS ACADEMY DTD. NIL. EXT.P.9: COPY OF THE LAWYER NOTICE SEND BY THE PETITIONER TO THE R.3. DTD. 07/08/1998. EXT.P.10: COPY OF THE SUSPENSION NOTICE ISSUED BY THE R.3. DTD. 10/09/1998. EXT.P.11: COPY OF THE LETTER DTD. 24/07/99. EXT.P.12: COPY OF THE LAWYER NOTICE DTD. 29/07/99. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. S.SIRI JAGAN, J. ================== O.P.No.22358 of 1998 ================== Dated this the 26th day of February, 2008 J U D G M E N T The petitioner was a teacher employed by the 3rd respondent who is the manager of a private school affiliated to the CBSE. At the time of filing the original petition, the petitioner was under suspension. It is admitted that, later on, he was dismissed from service. In the original petition the petitioner seeks a direction to respondents 1 and 2 to consider and pass orders on Ext.P5. The petitioner has also got a prayer to direct the third respondent to pay arrears of salary including revised DA and other allowances as per the State Government scale applicable to the teachers in the Government service. Admittedly, the petitioner was subsequently terminated from service. In this original petition or in Ext.P5, there is no challenge against the termination of service. That being so, without challenging the same, the petitioner cannot now sustain the prayers in this original petition. Further, the petitioner has also to prove violation of affiliation bye-laws of the CBSE by the 3rd o.p.22358/98 2 respondent to sustain an original petition under Article 226 of the Constitution against the 3rd respondent. That being so, without prejudice to the right of the petitioner to approach respondents 1 and 2 appropriately for the reliefs prayed for in this original petition, this original petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.22358/98 3 S.SIRI JAGAN, J. ================ O.P.No.22358 of 1998-J ================ J U D G M E N T 26th February, 2008