JUDGEMENT
S.A.DHARMADHIKARI,J. -
(1.)Heard finally with the consent of both the parties. The present writ appeal under Sec. 2(1) of the Madhya
Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam,
2005 has been filed assailing the order dtd. 28/10/2022 passed by the learned Single Judge in W.P. No. 11165/2021 whereby the learned
Single Judge has rejected the preliminary objection with regard to
maintainability of the writ petition against private unaided minority
educational institution and held that the writ petition is maintainable
against the private unaided institutions.
(2.)Brief facts of the case are that the appellant/respondent(respondent in writ petition) is a private unaided
minority educational institution imparting education to students in
Indore and does not receive any grant either directly or indirectly, from
the Government. The appellant is affiliated to Council for the Indian
School Certificate Examinations(for short 'CISCE' hereinafter) Thus,
appellant is a private institution and is solely dependent on the fees
which is received from the parents for day to day functioning including
salary of its teaching and non-teaching staff.
(3.)The respondents herein had filed a writ petition bearing W.P. no. 11165/2021 challenging their termination. The respondents herein have prayed for the following reliefs in the writ petition:
" Appropriate writ, Order or Direction may kindly be issued that,
(1) Retrospective termination of the petitioners be held as illegal and be set aside.
(2) Respondent No.5 be directed to make payment of full salary to the petitioners till date, including the payment of back wages alongwith interest of 12% p.a. thereon.
(3) Respondent No.3 be directed to initiate inquiry against respondent no. 5 for illegalities committed by Respondent no. 5.
(4) Respondent No. 4 be directed to cancel the affiliation of Respondent No.5.
Any other relief that this Hon'ble Court may deem fit in the facts and circumstances of this case may kindly be passed in the interest of justice."
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.