Army Public School vs Smt. Jatinder Kaur And Another
2024 Latest Caselaw 2139 UK

Uttarakhand High Court

Army Public School vs Smt. Jatinder Kaur And Another on 18 September, 2024

                                                         2024:UHC:6721-DB



       IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
              HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI

                                AND

               HON'BLE SRI JUSTICE ALOK KUMAR VERMA

             SPECIAL APPEAL NO. 360 OF 2017
Army Public School, Hempur and others                 ...... Appellants

                               Versus

Smt. Jatinder Kaur and another                        ....Respondents

                               With


             SPECIAL APPEAL NO. 359 OF 2017
Army Public School, Hempur and others                 ...... Appellants

                               Versus


Pallav Bhatnagar and another                        ....Respondents

                               With

             SPECIAL APPEAL NO. 361 OF 2017
Army Public School, Hempur and others                 ...... Appellants

                               Versus

Deepak Kumar and another                              ....Respondents

                               With


             SPECIAL APPEAL NO. 368 OF 2017
Army Public School, Almora and others                 ...... Appellants

                               Versus
                                                2024:UHC:6721-DB


Smt. Hemlata Kandpal and another              ....Respondents

                            With

             SPECIAL APPEAL NO.416 OF 2017
Smt. Hemlata Kandpal                          ...... Appellant

                            Versus

Union of India and others                     ....Respondents


                            With

             SPECIAL APPEAL NO.417 OF 2017
Smt. Jatinder Kaur                            ...... Appellant


                            Versus

Union of India and others                     ....Respondents

                            With

             SPECIAL APPEAL NO.418 OF 2017
Deepak Kumar                                  ...... Appellant

                            Versus

Union of India and others                     ....Respondents




Counsel for the appellant       :    Mr.   Sandeep      Tiwari,
                                     learned counsel.
Counsel for the respondents     :    None present


The Court made the following:
                                                           2024:UHC:6721-DB


JUDGMENT:

(per Hon'ble the Chief Justice Ms. Ritu Bahri)

Learned counsel appearing for the appellant -

Army Public School states that as per the judgment of

the Hon'ble Supreme Court reported in 2024 SCC

Online SC 1683, "Army Welfare Education Society

New Delhi Vs. Sunil Kumar Sharma & others", that

writ petition is not maintainable against the Army Welfare

Education Society as the Society is not a State within the

Article 12 of the Constitution of India. It further states

that the regular selection process initiated in the year

2016 had attained finality and even the claim of the

respondents are no longer live, and the respondents are

working on contractual basis. The writ petition was filed

in the year 2016. Since the regular selection process has

attained finality, and the candidates have already joined,

nothing survives in these special appeals. Special Appeal

Nos.360 of 2017, 359 of 2017, 361 of 2017 and 368 of

2017, are allowed. The judgment of the learned Single

Judge is being set aside in view of the Hon'ble Supreme

Court judgment.

2024:UHC:6721-DB

2. SPA No.416 of 2017, SPA No.417 of 2017 and

SPA No.418 of 2017 are dismissed in view of the

judgment passed by the Hon'ble Apex Court reported in

2024 SCC Online SC 1683, "Army Welfare Education

Society New Delhi Vs. Sunil Kumar Sharma &

others".

__________________

(RITU BAHRI, C.J.)

______________________

(ALOK KUMAR VERMA, J.)

Dated:18.09.2024 NR NITES Digitally signed by NITESH RAWAT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

H COURT OF UTTARAKHAND, 2.5.4.20=bea38a9cb7bca67cc 3988ad93d563d95c70eb77fa 0ea4758e401cf436bdce9fb,

RAWA postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C4 47434E89897BCDC0B6567DC E4B7108B324FFED3C8A159F

T 3BDD03C, cn=NITESH RAWAT Date: 2024.09.21 11:40:28 +05'30'