Army public schools substantially part of army: HC

The HC bench of acting chief justice Ritu Bahri and justice Nidhi Gupta while dealing with two different pleas from contract teachers whose services were terminated, remanded back their cases to a single judge and directed that their cases be decided afresh.

Army public schools are “directly and substantially” part of army, the Punjab and Haryana high court has said.

Army public schools are “directly and substantially” part of army, the Punjab and Haryana high court (HC) has said. (Representational image)

The high court bench of acting chief justice Ritu Bahri and justice Nidhi Gupta while dealing with two different pleas from contract teachers whose services were terminated, remanded back their cases to a single judge and directed that their cases be decided afresh.

The single judge bench had dismissed the pleas holding that these schools are created under the Society Registration Act. “The respondent body (school) is neither directly nor indirectly controlled by government. Society is free to make rules with respect to appointment, tenure and termination of its employees. Society is not bound to adopt rules and regulations made by state government or central government with respect to its employees,” the single judge bench had held.

It said the dispute was arising out of a contract between an employee and private body and does not involve public law, thus petitions are not maintainable for consideration of the court.

The appellant-petitioners, who were working in the army public schools, were seeking quashing of the orders whereby their services were dispensed with.

The division bench taking note of some other cases, which went to Supreme Court from other states, held that the army public schools are amenable to writ jurisdiction. “The army public schools are directly and substantially part of the army. Therefore, they are authority within the meaning of Article 12 of the Constitution of India. Hence, the army public school is amenable to the writ jurisdiction. Moreover, this issue has already attained finality up to the Supreme Court,” the bench held quashing the orders of single judge dismissing the pleas.