Court No. - 37
Case :- WRIT - A No. - 12127 of 2019 Petitioner :- Atul Kumar Shukla Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kumar Anish Counsel for Respondent :- A.S.G.I.,Hridai Narain Pandey
Hon'ble Abhinava Upadhya,J.
Heard Sri Kumar Anish, learned counsel for the petitioner, learned A.S.J.I. for the respondent no. 1 and Sri Hridai Narain Pandey for respondent nos. 2 and 3.
By means of this writ petition the petitioner is seeking a writ of mandamus directing the Committee of Management Subhash Academy Senior Secondary School, Awas Vikas Colony, Farrukhabad Road, Chhibramau, Kannauj for releasing the salary of petitioner from July 2011 to August 2012 as Post Graduate Teacher and further has prayed to release the salary from 13.04.2013 to till date as Principal and further sought a direction to respondent no. 2 i.e. Chairman, Central Board of Secondary Education, New Delhi to decide the representation of the petitioner dated 08.05.2018.
The petitioner claims that although the institution in question is a purely private institution and not funded by the Government in any manner but it is recognized by the Central Board of Secondary Education, New Delhi, and therefore, the writ petition is maintainable in view of the decision of the Supreme Court in Marwari Balika Vidyalaya Vs.
Asha Srivastava and others in Civil Appeal No. 9166 of 2013 by judgement dated 14.02.2019 as well as Full Bench's decision of this Court in the case of Roychan Abraham Vs. State of U.P. and others reported in 2019(3) ADJ 391. The aforesaid two decisions have held that since the institution in question is performing the sovereign function, the writ petition can not be thrown out on the ground that the institution in question is not a State within the meaning of Article 12 of the Constitution of India. However, what the petitioner wants by this writ petition is enforcement of contractual obligation, violation of which has been assailed. The contract itself has not been filed with the writ petition. So far as the other claim of the petitioner with regard to payment of salary etc. the petitioner has not been able to point out any violation of statutory rules or the by-laws of the school for the Court to take judicial notice. The institution is a private institution. For execution of contractual obligation writ petition is not maintainable.
Writ petition is devoid of merit and is hereby dismissed.
Order Date :- 26.8.2019 RPD