Writ petition against recognised pvt unaided school
(Querist) 08 February 2021
This query is : Resolved
respected experts i had earlier asked you regarding it but you said to wait as it was initial stage.now the situation aggrivated.briefly i tell you my problem.
I am a permanant Asst. teacher of a Pvt.unaided school which is recognised by state board.my certificates are/were used by board to council for permission of a subject.on last year's march18,2020 Principal showcaused me saying court asked some documents as my ex husband summoned them in court to prove the RTI that they gave to my ex husband regarding me & they felt humiliated & will take action & prevented me from signing attendance register from next day & verbally told not to come to school despite giving 7 day deadline for response showcause.
I answered back that you provided RTI response without my knowledge then why i will be responsible & i am open to produce my case orders if they wish despite all are personal case with my ex.They faulty mentioned the MC case as GR case as well.after my answer to showcause during lockdown school started online class without me.i mailed,sent letter nummerous times even went still no cooperation & silence from them.From August,2020 they stopped salary without notice.i sent letters enquiring no ans.then i sent complaim to District Inspector of school, ADM(G), SDO & others. Deputy magistrate conducted hearing & they remain absent. Nexi i filed complain in PF & they tore attendance register to remove our name(with me two permanant & two temporary teachers name also removed) without mannaging committe resolution.Teachers leaded by two teacher representatives who themselves are MC member gave written complain to secretary.Our MC is technically inactive as some of them resigned or became dysfunctional & some are with me & some against.
District Education Officer also conducted hearing & still they remain absent & sent letter saying about my personal case & mentioned i lied in court & asked for two months time. my point is the MC case that they mentioned still i havenot got any summon & its subjudicial where school is not party.can they take that defence?rather I filed execution case in august,2020 & in this month of jan,2021 i got order in my favour against my ex husband in execution of maintainence case where he pray stay order mentioning the same case/grounds.his filled case of 2019 is still not heard & still no summon to me.Now District Inspector also called hearing in this week.Along with me they called two other teacher for same as they also got this kind of treatment with different reasons.I expect they will be again absent.
Now we/i am/are going to file Writ Petition.Our school is recognised but do not get any fund from govt.can the writ petition here be maintainable? plz help me to proceed.
(Expert) 08 February 2021
Most probably writ petition will be accepted by the court as the school is performing the state function of public education, though with private funds.
No writ can be maintained against a private entity. The school is recognised and regulated by the government is also another reason to consider it as part of the state. Above all if you include the Secretary, Department of education as a respondent and include some prayers that will have to be dealt with by him your case will definitely be considered as a writ.
Your case will get due merit as you have exhausted enough remedial measures with the government and the committee. Her absence from some hearing makes your principal much weaker in this case. If the law were on her side she would have attended the hearing and thrashed the case then itself.
If seems to me, on reading the query, that you have a good case. In high court even the ego issue can be pointed out to the judge orally by the advocate when the case comes up and that will work.
(Querist) 09 February 2021
sir/madam plz help me how to proceed. i got a reference of asha srivastava case if you kindly help me with other judgement so that it will be maintainable as school is saying everywhere its pvt school D.I, ADM(G) dept. cannot interfere.is it true? i have notice of hearing from both section(D.I & D.M)
(Expert) 25 May 2021
In my humble opinion writ is not the remedy available to you. Facts disclose that your remedy lies with the lower court and/or Authorities. Please consult an advocate of your locality with full facts.
Wish you good luck.