Punjab-Haryana High Court
Reena Panta vs Union Of India And Others on 12 January, 2024
Author: Ritu Bahri
Bench: Ritu Bahri
Neutral Citation No:=2024:PHHC:004286
LPA-1476-2023 and LPA-98-2024 (O&M) 2024:PHHC:004286 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision:12.01.2024
(1) LPA-1476-2023 (O&M)
Reena Panta ...Appellant
Vs.
Union of India and others ...Respondents
(2) LPA-98-2024 (O&M)
Inderjeet Kaur ...Appellant
Vs.
Army Public School and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Onkar Singh, Advocate,
for the appellant (in LPA-1476-2023).
Mr. Vikas Chatrath, Advocate,
Mr. Abhishek Singla, Advocate,
Mr. Sahil Kumar, Advocate,
Mr. BPS Thakur, Advocate and
Mr. Rajbir Singh, Advocate,
for the appellant (in LPA-98-2024).
Ms. Anita Balyan, Advocate,
for the respondent-Union of India.
Mr. A.D.S. Jatana, Advocate,
for respondent No.3.
***
RITU BAHRI, ACTING CHIEF JUSTICE
1. This judgment shall dispose of two appeals i.e. LPA-1476-2023
and LPA-98-2024 together as common questions of law and facts are
involved in both the appeals.
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2. Both the appeals have been filed against the impugned
judgments dated 11.09.2023 and 19.12.2023 passed by the learned Single
Judge of this Court, whereby writ petitions (CWP No.6115 of 2019 and
CWP No.22031 of 2018) filed by the petitioners-appellants separately have
been dismissed on the ground of maintainability.
3. The appellants-petitioners, who were working in the Army
Public Schools, through the aforesaid writ petitions, are/were seeking
quashing the orders whereby their services have been dispensed
with/terminated.
4. Learned Single Bench of this Court has dismissed the writ
petition (CWP-6115-2019) by relying upon the judgments passed by
Hon'ble the Supreme Court in Executive Committee of Vaish Degree
College, Shamli and others Vs. Lakshmi Narain and others, (1976) 2 SCC
58 and the Division Bench of Jammu and Kashmir High Court in Asha
Khosa Vs. Chairman Army Public School, W.P.(Service) No.1415 of 1996
(decided on 17.02.1997). While dismissing the petition, it was observed in
para no.8 of the judgment, as under:-
"In the present case, concededly the respondent
society has been created under Society Registration
Act. The respondent body is neither directly nor
indirectly controlled by Government. The society is
free to make rules with respect to appointment, tenure
and termination of its employees. The society is not
bond to adopt rules and regulations made by State
Government or Central Government with respect to
its employees. The respondent-Society is not funded
by State. The respondent-Society is imparting
education which is a public function, thus, it is
amendable to writ jurisdiction of this Court. The
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petitioner was appointed on the basis of a contract
executed between the parties. The petitioner is
seeking setting aside of her termination apart from the
post of Principal."
5. At this stage, learned counsel for the appellants have referred to
the recent judgment passed by the Madras High Court in Mrs. Revathi Vs.
Central Board of Secondary Education and others, Writ Petition No.1422
of 2022 (decided on 18.07.2023), wherein while referring to a judgment
passed by the Division Bench Judgment of the Delhi High Court in Army
Welfare Education Society vs. Manju Nautiyal & Anr., LPA No.223 of
2015, it has been held that a writ petition is maintainable against the schools
run by the Army Welfare Education Society. Against the said judgment, the
Army Welfare Education Society approached Hon'ble the Supreme Court by
filing SLP No.3609 of 2016. However, the same has been dismissed vide
judgment dated 12.02.2016.
6. Further reference has been made to the order dated
26.09.2023 passed by Hon'ble the Supreme Court in Urmila Chauhan Vs.
The Chairman Army Public School and others, Special Leave to Appeal
(C) No.7994/2022, whereby respondents were directed to consider the case
of the petitioner for regularization.
7. Learned counsel for the appellants have further relied upon the
judgment passed by the Rajasthan High Court in Smt. Geeta Sharma Vs.
Union of India and others, 2001 (2) Rajasthan LR 349, wherein also it was
held that the Army Public School was amenable to the extraordinary writ
jurisdiction.
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8. Learned counsel for the respondent(s) has not been able to cite
any law/judgment contrary to the judgments, as referred by the learned
counsel for the appellants.
9. Keeping in view the judgments passed in Urmila Chauhan;
Mrs. Revathi; and Smt. Geeta Sharma's cases (supra), it is held that the
Army Public Schools are amenable to writ jurisdiction. The Army Public
Schools are directly and substantially part of the Indian Army. Therefore,
they are authority within the meaning of Article 12 of the Constitution of
India. Hence, the Army Public School is amenable to the writ jurisdiction.
Moreover, this issue has already attained finality up to Hon'ble the Supreme
Court.
10. In view of the above discussion, impugned judgments dated
11.09.2023 and 19.12.2023 are set aside. Consequently, the matter is
remanded to the learned Single Judge to decide the same afresh on merits in
accordance with law without going in to the issue of maintainability.
11. Disposed of accordingly. Since the main appeal has been
decided, all the pending misc. applications stand disposed of.
(RITU BAHRI)
ACTING CHIEF JUSTICE
(AMAN CHAUDHARY)
January 12,2024 JUDGE
geeta/ajp
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2024:PHHC:004286
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