Case Note & Summary
The appellant, Trigun Chand Thakur, was appointed as a Sanskrit teacher on 01.01.1985. On certain allegations, a show cause notice was issued on 06.09.1994, and he was suspended on 01.10.1994 for absence on Independence Day and Teachers' Day. He filed a writ petition before the Patna High Court. During its pendency, his service was terminated on 23.12.1994. The learned Single Judge disposed of the writ petition on 31.08.1995 with consent, directing the appellant to approach the Chairman of the Bihar Sanskrit Shiksha Board. The Chairman considered the matter on 03.08.1996, found the termination disproportionate, and directed reinstatement. The Managing Committee appealed to the Special Director under Section 24 of the Bihar Sanskrit Shiksha Board Act, 1981, who remanded the matter back to the Chairman on 13.12.1997. Aggrieved by the remand, the appellant filed another writ petition. The learned Single Judge, relying on Chandra Nath Thakur v. The Bihar Sanskrit Shiksha Board & Ors., 1999 (1) PLJR 529, dismissed the writ petition on 29.04.1999, holding that a writ petition is not maintainable against the Managing Committee of a private school. The Division Bench affirmed this on 21.01.2008, also relying on the same precedent and noting that a consent order cannot confer jurisdiction. The Supreme Court considered the submissions and found no ground to take a different view, dismissing the appeal with no order as to costs.
Headnote
A) Constitutional Law - Article 12 - Definition of 'State' - Management Committee of Private School - The Management Committee of a privately managed school, even if financially aided by the State Government or Board, is not 'State' under Article 12 of the Constitution of India. A teacher of such a school cannot maintain a writ petition against an order of termination from service passed by the Management Committee. (Paras 1, 5)
B) Constitutional Law - Writ Jurisdiction - Maintainability - Consent Order - A consent order passed by the High Court cannot confer jurisdiction on the court to entertain a writ petition against a private body. It does not make the Managing Committee 'State' under Article 12. (Para 5)
C) Service Law - Termination - Disproportionate Punishment - Reinstatement - The Chairman of the Bihar Sanskrit Shiksha Board found the punishment of termination disproportionate and directed reinstatement, but the Special Director remanded the matter for reconsideration. The High Court dismissed the writ petition challenging the remand on the ground of maintainability. (Paras 3-4)
Issue of Consideration
Whether the Management Committee of a private school is 'State' within the meaning of Article 12 of the Constitution of India, and whether a writ petition is maintainable against an order of termination passed by such committee.
Final Decision
The Supreme Court dismissed the appeal, holding that the Management Committee of a private school is not 'State' under Article 12, and the writ petition is not maintainable. No order as to costs.
Law Points
- Writ petition not maintainable against private school management committee
- Management committee of private school not 'State' under Article 12
- Consent order cannot confer jurisdiction
Case Details
Civil Appeal No(s). 10003 OF 2010
R. Banumathi, A.S. Bopanna
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Nature of Litigation
Civil appeal against dismissal of Letters Patent Appeal by High Court, which affirmed dismissal of writ petition challenging termination of service by private school management committee.
Remedy Sought
Appellant sought to quash the order of remand dated 13.12.1997 passed by the Special Director and ultimately to challenge his termination.
Filing Reason
Appellant was terminated from service by the Managing Committee of a private school; he challenged the termination and subsequent remand order through writ petitions.
Previous Decisions
Learned Single Judge dismissed writ petition on 29.04.1999 holding writ not maintainable; Division Bench affirmed on 21.01.2008.
Issues
Whether the Management Committee of a private school is 'State' under Article 12 of the Constitution of India?
Whether a writ petition is maintainable against an order of termination passed by the Management Committee of a private school?
Submissions/Arguments
Appellant argued that the Management Committee is 'State' under Article 12, especially since the school is financially aided by the State Government or Board.
Respondents argued that the Management Committee is not 'State' and the writ petition is not maintainable, relying on Chandra Nath Thakur v. The Bihar Sanskrit Shiksha Board & Ors.
Ratio Decidendi
The Management Committee of a privately managed school, even if financially aided by the State Government or the Board, is not 'State' within the meaning of Article 12 of the Constitution of India. Therefore, a teacher of such a school cannot maintain a writ petition against an order of termination from service passed by the Management Committee. A consent order cannot confer jurisdiction on the court to entertain such a writ petition.
Judgment Excerpts
the Management Committee of the private schools is not 'State' within the meaning of Article 12 of the Constitution of India and hence the writ petition of the petitioner is not maintainable.
a teacher of a privately managed school, even though financially aided by the State Government or the Board, cannot maintain a writ petition against an order of termination from service passed by the Management Committee.
the consent order passed by the High Court in C.W.J.C. NO.10698 of 1994 cannot confer jurisdiction on this Court and does not make the Managing Committee 'State' within the meaning of Article 12 of the Constitution of India.
Procedural History
Appellant appointed as Sanskrit teacher on 01.01.1985. Show cause notice on 06.09.1994, suspension on 01.10.1994. Writ petition filed; termination on 23.12.1994. Single Judge disposed writ on 31.08.1995 with consent directing appellant to approach Chairman of Bihar Sanskrit Shiksha Board. Chairman ordered reinstatement on 03.08.1996. Managing Committee appealed to Special Director under Section 24 of Bihar Sanskrit Shiksha Board Act, 1981; Special Director remanded matter on 13.12.1997. Appellant filed writ petition challenging remand; Single Judge dismissed on 29.04.1999 holding writ not maintainable. L.P.A. No.670 of 1999 filed; Division Bench dismissed on 21.01.2008. Civil Appeal No.10003 of 2010 filed in Supreme Court; dismissed on 09.07.2019.
Acts & Sections
- Constitution of India: Article 12
- Bihar Sanskrit Shiksha Board Act, 1981: Section 24
