Madras High Court

WP/18484/2012 of P.OMANA Vs THE CENTRAL BOARD OF SECONDARY on 30 September 2026

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WP No. 18484 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MR.JUSTICE T. VINOD KUMAR

WP No. 18484 of 2012

and MP No. 1 of 2012

CNR: {HCMA010173712012}

P.Omana

W/o.P.P.Raghavan,

No.20, 2nd Street, Shanthi Nagar,

S.M. Nagar, Avadi, Chennai 62

..Petitioner

Vs

1. Central Board of Secondary Education, Represented By Its Secretary, PS-1-2, Institutional Area, I.P. Extn., Patparangj, Delhi-110092.

Having its regional office at

Plot No.1630 A, “J” Block, 16th Main Road, Anna Nagar West, Chennai – 600 040.

2. The Director General,

Ordinance Factory Board,

Esplanade East, Calcutta-700069.

3. The General Manager,

Heavy Vehicles Factory, Avadi, Chennai-54.

4. HVF English Medium Educational Society, Rep. By Its Secretary, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai-54.

5. The Chariman,

Vijayanta Senior Secondary School, Near EME

Lines, HVF Estate, Avadi, Chennai-54.

6. The Secretary,

Vijayanta Senior Secondary School,

Near EME Lines, HVF Estate, Avadi,

Chennai-54.

..Respondents

WP No. 18484 of 2012

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 5th Respondent to treat the service of the petitioner in service till 31.08.2014, the date of completion of age of 60 and permit the petitioner to continue in regular service till the end of academic year 2014-2015 together with all consequential benefits arising out of such employment.

For Petitioner(s):

Mr. R. Balakrishnan

For Respondent(s):

Mr. T. Jeevanantham (for R1)

Mr. K. Gunasekar, (for R2 to R6)

Senior Panel Central Government Counsel

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ORDER

Heard the learned counsel for the petitioner, the learned counsel appearing for the first respondent as well as the learned Senior Panel Central Government Counsel appearing for the respondents 2 to 6.

2. The petitioner, by the present writ petition, has sought a direction to the fifth respondent to treat her as being in service till 31.08.2014, when she completed 60 years of age, and to permit her to continue in regular service till the end of the academic year 2014 -2015, together with all consequential benefits arising out of such employment.

3. When the writ petition petition was taken up, this Court, by order dated 28.08.2012, took note of the submission that writ appeals concerning the same issue were pending and that similarly placed persons had been allowed to

WP No. 18484 of 2012

continue in service on re-employment. This Court granted an interim direction to the respondents to continue the petitioner on re-employment until further orders and directed the matter to be posted along with the writ appeal batch.

4. By virtue of the interim injunction granted by this Court, the respondents were directed to continue the petitioner on re-employment until further orders. It has not been brought to the notice of this Court, that the respondents having violated the interim injunction order granted by this Court either by filing a contempt petition or by filing a sub-application to that effect.

5. That being so, by virtue of the interim relief granted by this Court, part of the relief sought for by the petitioner has worked itself out.

6. Further, it is also to be noted that a Division Bench of this Court, in The Chairman, HVF English Medium Educational Society, Vijayanta Senior Secondary School, H.V.F. Estate, Avadi, Chennai and one Anr., vs. R. Thirunavukarasu and 3 Ors., (W.A.No.2887 of 2023, decided on 02.09.2026), concerning Vijayanta Senior Secondary School, held that the fourth respondent/School cannot be treated as “State” within the meaning of Article 12 of the Constitution of India.

WP No. 18484 of 2012

7. Following the aforesaid dicta laid down by the Division Bench, this Court, by order dated 21.09.2026 in W.P.No.2422 of 2017, and also referring to the decision of the Hon'ble Supreme Court of India, in Army Welfare Educational Society Vs. Sunilkumar Sharma and others reported in 2024 (16) SCC Online 598, held that the fourth respondent/School cannot be treated as “State” under Article 12 of the Constitution of India. Therefore, the petitioner cannot seek relief against the said School in relation to her service by filing a writ petition under Article 226 of the Constitution of India.

8. As noted hereinabove, on account of the interim order passed by this Court the main relief sought for in the writ petition having worked itself out, and taking note that this Court also having held that the fourth respondent/Society and the School are not amenable to writ jurisdiction, this Court is of the view that nothing further survives for consideration in the present writ petition.

9. In view of the above, the Writ Petition has become infructuous and the same is closed. No order as to costs. Consequently, the connected miscellaneous petition is also closed. 30-09-2026 Speaking/Non-Speaking Order Neutral Case Citation : Yes/No KLT

WP No. 18484 of 2012

To

1. The Secretary, Central Board of Secondary Education, PS-1-2, Institutional Area, I.P. Extn., Patparangj, Delhi-110092. Having its regional office at Plot No.1630 A, “J” Block, 16th Main Road, Anna Nagar West, Chennai – 600 040.

2. The Director General, Ordinance Factory Board, Esplanade East, Calcutta-700069.

3. The General Manager,

Heavy Vehicles Factory, Avadi, Chennai-54.

4. The Secretary, HVF English Medium Educational Society, Vijayanta Senior Secondary School, Near EME Lines, HVF Estate, Avadi, Chennai-54.

5. The Chairman, Vijayanta Senior Secondary School, Near EME Lines, HVF Estate, Avadi, Chennai-54.

6. The Secretary, Vijayanta Senior Secondary School, Near EME Lines, HVF Estate, Avadi, Chennai-54.

WP No. 18484 of 2012

T.VINOD KUMAR, J. KLT WP No. 18484 of 2012 and MP No. 1 of 2012 30-09-2026

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