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Writ Petition Challenging Dismissal Of Teacher Maintainable Against Private Unaided School

In CIVIL APPEAL NO.9166 OF 2013, MARWARI BALIKA VIDYALAYA vs ASHA SRIVASTAVA , the main question for consideration in the appeal before the Supreme Court was the maintainability of writ petition as against private school receiving grant in aid to the extent of dearness allowance. The appeal has been filed against the judgment and order dated 30.1.2009 passed by the Division Bench of the High Court of Calcutta whereby the appeal filed by respondent No.1 was allowed directing his reinstatement along with back wages.

She was dismissed on grounds of 'indiscipline' after she had filed a writ petition in High Court seeking expeditious action on the approval of her appointment.

The prime contention raised by the school was that powers under Article 226 of the Constitution of India could not have been invoked against a private entity.

While dismissing the appeal, the bench referred to the SC decision in Raj Kumar vs Director of Education and in Ramesh Ahluwalia vs State of Punjab. In these decisions it has been held that approval of the government education authorities was necessary even for dismissal of a private school employee. No such approval was obtained by the school in the instant case before retrenching the teacher. The said decisions also held that the employee of a private school can file writ petition in relation to service disputes. According to Ramesh Ahluwalia decision, a school is discharging a 'public function' and hence writ was maintainable against it.

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