Shri Raghunandan Trivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 18164 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           ON THE 31 st OF OCTOBER, 2023
                                           WRIT PETITION No. 10249 of 2023

                           BETWEEN:-
                           SHRI RAGHUNANDAN TRIVEDI S/O SHRI MAKHANLAL
                           TRIVEDI, AGED ABOUT 56 YEARS, OCCUPATION:
                           UNEMPLOYMENT R/O GULRESHWAR MAHADEV
                           MANDIR M.T.H. COMPOUND NEAR PRESS CLUB
                           INDORE (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (SHRI NARESH PIPLODIYA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH COLLECTOR
                                 INDORE (MADHYA PRADESH)

                           2.    DISTRICT   EDUCATION    OFFICER SWASTIK
                                 NAGAR, INDORE (MADHYA PRADESH)

                           3.    PRESIDENT CENTRAL BOARD OF SECONDARY
                                 E D U C A T I O N EDUCATION CENTER, 2
                                 COMMUNITY CENTER PREET VIHAR DELHI
                                 (DELHI)

                           4.    REGIONAL    OFFICER CENTRAL BOARD OF
                                 SECONDARY EDUCATION ROHIT NAGAR PHASE
                                 2, WARD NO. 53, BAWADIYA KALAN BHOPAL
                                 (MADHYA PRADESH)

                           5.    PRESIDENT SHREE VAISHNAV ACADEMY 177,
                                 NORTH RAJ MOHALLA, INDORE (MADHYA
                                 PRADESH)

                           6.    SECRETARY SHREE VAISHNAV ACADEMY 177,
                                 NORTH RAJ MOHALLA, INDORE , DIST. INDORE
                                 (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (SHRI YASHRAJ GUPTA- PANEL LAWYER FOR RESPONDENT NO.1 AND 2,
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 02-11-2023
16:11:48
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                           ON ADVANCE NOTICE)

                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                  ORDER

The petitioner was working as Sanskrit teacher in Shri Vaishnav Academy, Indore he has challenged the order of termination.

2. Counsel for the State raise preliminary objection regarding maintainability of the petition on the ground that petitioner is an employee of private institution and the said institution is not receiving grant in aid from the Government.

3. The petitioner has relied on the judgment passed by the Apex Court in

the case of 'Marari Balika Vidyalaya v. Asha Srivatava & Ors.' passed in Civil Appeal No.9166/2013 decided on 14.02.2019. The judgment passed in the case of 'Marwari Balika Vidyalaya' (supra) would not render any assistance in the case of the petitioner because that was case a relating to a school which was receiving grant in aid.

4. In the present case, admittedly the respondent No.6 (Shri Vaishnav Academy, Indore) is not receiving grant in aid, it is a private institution. There is no violation of any fundamental right of the petitioner for which he is challenging the order of termination which involves civil right.

5. In view of the aforesaid, this Writ Petition is not maintainable against a private institution. However, at this stage counsel for the petitioner prays for liberty to file a civil suit in accordance with the law.

Accordingly, the Writ Petition stands dismissed with the aforesaid liberty.

(VIJAY KUMAR SHUKLA) Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 02-11-2023 16:11:48

JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 02-11-2023 16:11:48