S.B.CIVIL WRIT PETITION NO.172/2003 Smt.Meena Mishra Vs. KG School & Ors.
Date of order : 19.1.2015 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr.KS Chouhan, for the petitioner. Mr.AK Rajvanshy, for the respondents.
<><><> The instant writ petition has been preferred by the petitioner against KG School, Seema Suraksha Bal Sanstha, Jodhpur being a registered society.
Shri AK Rajvanshy learned counsel representing the respondents relies upon the following decisions:- (1) 1994 LAB IC 1689 Rajender Vecta & Ors. Vs. Prem Public School & Ors. (2) 2002(2) SLR 562 Dharamvir Vs. The State of Rajasthan & Ors. (3) 2004 LAB IC 1391 Ram Lubhai Vs. The Secretary, Ministry of Defence, Govt. of India & Ors.
And contends that employees of privately managed school run by a registered society are not governed by any statute and are thus not public servants and since there is no control of the State over such schools run by the registered societies, none of the respondents fall within the definition of State under Article 12 of the Constitution of India and thus, this writ petition is liable to be dismissed as being not [2] maintainable.
Shri KS Chouhan learned counsel representing the petitioner is not in a position to dispute the above legal position.
As a consequence, the writ petition is liable to be dism