Allahabad High Court
Ashok Kumar vs Central Board Of Secondary ... on 6 August, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 3668 of 2021
Petitioner :- Ashok Kumar
Respondent :- Central Board Of Secondary Education And 3 Others
Counsel for Petitioner :- Sanjay Kumar Mishra
Counsel for Respondent :- Hridai Narain Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for petitioner and Shri Hridai Narain Pandey, learned counsel for respondent no.1.
The petitioner working as Class-IV employee in Delhi Public School, Sector-30 Noida affiliated to Central Board of Secondary Education is before this Court assailing the validity of his removal order from service dated 13.8.2020 passed by respondent no.4 as well as the appellate order dated 6.11.2020 passed by respondent no.2 and for a direction to respondents to reinstate the services of the petitioner and to permit him to work as IVth Class employee in the institution in question with full salary and other consequential service benefits in accordance with the norms of Central Board of Secondary Education Affiliation Bye-Laws.
At the very outset, learned counsel for respondent has contended that the controversy in hand has already been put to rest by this Court vide judgment dated 28.1.2020 dismissing Writ-A No.29911 of 2012 (Rajesh Kumar Srivastava & Ors. v. State of U.P. & Ors.) and as such present writ petition is also liable to be dismissed.
The Court has proceeded to examine the record in question as well as respectfully considered the judgment in Rajesh Kumar Srivastava & Ors. (Supra). For ready reference, the operative portion of the judgment is quoted as under:-
"........20. From the discussions, aforesaid, it is apparent that petitioners in respect of their employment offered by the privately managed unaided educational institution are subject to contract of personal service as per the common law rights and are not covered by any of the three exceptions noticed by the Apex Court in Executive Committee of Vaish Degree College (supra) which may justify a writ or direction by this Court to allow the petitioners to continue in the employment, in exercise of its writ jurisdiction. No writ, order or direction, therefore, is liable to be issued in favour of petitioners for enforcement of contract of personal service against the privately managed unaided educational institution. Writ petition lacks merit and is, accordingly, dismissed. No order is passed as to costs."
In the present facts and circumstances of the case, the Court is of the considered opinion that present matter is squarely covered by the aforesaid judgement and as such this Court is not inclined to interfere in the matter under Art.226 of the Constitution of India.
In view of above, the writ petition sans merit and is accordingly dismissed.
Order Date :- 6.8.2021
SP/
