WPSS/792/2015
2026 Latest Caselaw 1932 UK

Uttarakhand High Court

WPSS/792/2015 on 13 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                        2026:UHC:1701
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                               WPSS/792/2015
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. M.C. Pant, learned counsel for
                               the petitioner.

                               2.   Mr. R.S. Bisht, learned Additional
                               C.S.C. for the State of Uttarakhand.

                               3.  Mr. Shashank Upadhyaya, learned
                               counsel for respondent no. 2-CBSE.

4. Ms. Khushboo Tiwari, Advocate holding brief of Mr. Vipul Sharma, learned counsel for respondent no. 3.

5. Petitioner was employed as Teacher in a private unaided school. By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue writ rule or direction in the nature of mandamus to allow the benefit of extension of session in terms of the CBSE bye laws along with all consequential benefits and further to issue a writ rule or direction in the nature of certiorari to quash the order dated 09.12.2014 by fixing the superannuation age of the petitioner 21.05.2015 along with its effect and operation also.

(ii) Issue writ rule or direction appropriate in nature directing to the CBSE to comply its bye laws in its letter and spirit and take appropriate action against the respondents for the violation of the byelaws so the petitioner and other employees and students shall not harass at the hands of the management.

6. Learned counsels appearing for the respondents submit that Hon'ble Supreme Court has repeatedly held that writ petition would not be maintainable against private bodies, which are not 2026:UHC:1701

funded or controlled by State Government. Thus, it is contended that the writ petition is not maintainable and the petitioner should seek his remedy elsewhere.

7. This Court finds substance in the said submission. Since petitioner was employed in private unaided educational run by a society, therefore, this writ petition is not maintainable.

8. Accordingly, the writ petition is dismissed. No order as to costs. However, petitioner shall be at liberty to approach the appropriate forum.

(Manoj Kumar Tiwari, J) 13.03.2026 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001,

ASWAL st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.13 05:22:15 -07'00'