Ashok Kumar Kashyap vs The State Of Madhya Pradesh
2022 Latest Caselaw 4401 MP

                                               W.P. No.20014/2017

                            1



         IN THE HIGH COURT OF MADHYA PRADESH

                     AT JABALPUR
                       BEFORE
   HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                ON THE 29th OF MARCH, 2022



             WRIT PETITION No. 20014 of 2017

 Between:-
 ASHOK KUMAR KASHYAP S/O LATE KAMTA PRASAD KASHYAP ,
 AGED ABOUT 46 YEARS, OCCUPATION: TEACHER GIRIJA DEVI
 SCHOOL KE PASS, PURANI BAZAR , KARBI, DISTRICT
 CHITRAKOOT (UTTAR PRADESH)

                                               .....PETITIONER

 (SHRI HANMANT RAO NAIDU, LEARNED COUNSEL FOR
 PETITIONER )

 AND

1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY
   VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. SADGURU SHIKSHA SAMITI THR. ADHYAKSH/ SACHIV JANKI
   KUND, CHITRAKOOT (MADHYA PRADESH)

3. VIDYADHAM   UCHCHTAR  MADHYAMIK   VIDYALAY   THR.
   PRACHARYA JANKI KUND, CHITRAKOOT, DISTRICT SATNA
   (MADHYA PRADESH)

4. SHRI SADGURU SEVA SANGH TRUST / JANKI KUND, CHITRAKOOT,
   DISTRICT SATNA (MADHYA PRADESH)

5. COLLECTOR, COLLECTORATE SATNA DISTRICT SATNA (MADHYA
   PRADESH)

6. DISTRICT EDUCATION OFFICER, OFFICE OF THE DISTRICT
   EDUCATION OFFICER DISTRICT -SATNA (MADHYA PRADESH)

                                             .....RESPONDENTS

 (SHRI ANVESH SHRIVASTAVA, LEARNED PANEL LAWYER FOR THE
 RESPONDENTS/STATE )

 (SHRI SHEERSH AGRAWAL, LEARNED COUNSEL FOR RESPONDENTS
 NO.2 TO 4)
                                                        W.P. No.20014/2017

                                    2



      This petition coming on for admission this day, the court

passed the following:

                               ORDER

Heard finally with the consent of both the parties.

At the outset, learned counsel for the respondents raised a

preliminary objection with regard to maintainability of this petition,

inasmuch as the petition against a private school is not maintainable

since the private school is not state within the meaning of Article 12

of the Constitution of India. Learned counsel relied on the judgment

of Apex Court in the case of Trigun Chand Thakur Vs. State of

Bihar as reported in (2019) 7 SCC 513, in which it is held that

against the order passed by Managing Committee of the private

school, the writ petition is not maintainable. He further relied on the

judgment of Apex Court in the case of Satimbla Sharma and

others Vs. St. Paul's Senior Secondary School and others as

reported in (2011) 13 SCC 760, in which it is held that the writ is

not maintainable against the private institution.

2. On the other hand, learned counsel for the petitioner placed

reliance on the judgment of Apex Court in the case of Marwari

Balika Vidhyalaya Vs. Asha Shrivastava and others as reported

in (2020) 14 SCC 449 to contend that in identical situation, the

Apex Court has entertained the petition even where the grant in aid

is not received, therefore, this petition is maintainable.

W.P. No.20014/2017

3. Learned counsel for the respondents submits that the case of

Marwari Balika Vidhyalaya (supra) is distinguishable on facts,

inasmuch as that school was being run by public trust, namely; Andi

Mukti Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti

Mahotsav Smarak Trust, and the trust was receiving grant in aid and

was discharging public functions, therefore, it was held that the writ

petition is maintainable. In the present case, the school is not run by

any public trust. It is purely non-aided private school, therefore, as

held by the Apex Court in Trigun Chand Thakur (supra), the

private school is not State within the meaning of Article 12 of the

Constitution of India, the present petition deserves to be dismissed.

4. Heard the learned counsel for the parties.

5. This Court finds force in the submissions of learned counsel

for the respondents. Accordingly, this Court has no hesitation in

holding that the writ petition is not maintainable. Hence, the

petition is dismissed on the ground of non maintainability.

(S. A. DHARMADHIKARI) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.03.30 18:49:36 +05'30'