WRIT PETITION DEFINITION OF

Querist : Anonymous (Querist) 19 September 2010 This query is : Resolved
DEAR SIR,

WE WORK AT A CBSE AFFLIATE SCHOOL WHICH IS RUN BY A SOCIETY OF THE UP POLICE DEPARTMENT HEADED BY THE DG FOR WELFARE OF WARDS OF POLICE DEPARTMENT PERSONNEL.

THE BUILDING FUNDS WERE PROVIDED BY THE STATE GOVERNMENT.

CAN I WRIT BE FILED AGAINST THE ABOVE SCHOOL FOR GROSS IRREGULARTIES IN THEIR CONDUCT AND MAKING ARBITRARILY PERMANENT TEACHERS TO THE CONTRACTUAL SYSTEM.

DO GUIDE SIR

VK

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Raj Kumar Makkad (Expert) 19 September 2010
Punjab & Haryana has decided in a recent judgment that even if an unaided educational institution violates any law like the terms of recognition which include the service rules of its employees to be adhered at par with State Govt. employees then a writ can be filed against such institution. So you all can file a writ in the matter given in your question.

Querist : Anonymous (Querist) 19 September 2010
thanks sir,

may i have details of the judgement so that we can quote it

thanks

vk sep 19

PJANARDHANA REDDY (Expert) 19 September 2010
any state element/public element is involved in society/org/sector/it is treated as state under ART 12 of constitution.

hence W.P. in HC as per ART 226 AND In SC as per ART.32 is main-tenable.

ART-12

12. Definition In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India

M/s. Y-not legal services (Expert) 06 October 2010
Mr.rajkumar is correct. I also read that judgement recently.. You can file a writ against that institution..

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