WP/22059/2009 of MRS.KASTURI Vs CENTRAL BOARD OF SECONDARY on 30 September 2026

ORDER

Heard the learned counsel for the petitioner. There is no representation for the respondents.

2. The petitioner, by the present writ petition, has sought a direction to the respondents to treat her service from January 2008 till May 2011 as regular service and to pay the consequential benefits to which she is entitled. She had also sought an interim order restraining the respondents from retiring her prior to the academic year 2009 -2010, pending disposal of the writ petition.

3. This Court while issuing notice to the respondents, by order dated 30.10.2009 granted an interim injunction. The said order dated 30.10.2009 reads as follows:- “ Learned counsel for the petitioner would submit that the 4th respondent School is covered under Rule 30

WP No. 22059 of 2009

of the Central Board of Secondary Education Rules and the age of superannuation of Teachers in respect of CBSE schools as per the said Rule, is 60.

2. The above view has been taken into consideration by this Court in M.P.No.1 of 2009 in W.P.No.11878 of 2009 in respect of the same school in the case of one of the Teachers, wherein, interim injunction as prayed for has been granted.

3. Following the same and in view of Rule 30 of the CBSE Rules and considering the circumstances of this case, there will be an order of interim injunction.

4. Notice of motion returnable in two weeks. Private notice is also permitted.

5. Mr. J. Ravindran, learned Assistant Solicitor General of India takes notice for the respondents and seeks two weeks’ time to file counter…..”

4. By virtue of the interim injunction granted by this Court, the respondents were restrained from retiring the petitioner before the academic year 2009 – 2010. 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

WP No. 22059 of 2009

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.

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, since, by virtue of the interim order granted by this Court, a part of the relief sought for the petitioner having worked itself out, and also this Court having held that the fourth respondent/School is not amenable to writ jurisdiction in respect of the petitioner's service claim, this Court is of the view that nothing further survives for consideration in the present writ petition.

WP No. 22059 of 2009

9. Accordingly, 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 (1/3) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KLT 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 Secretary, Vijayanta Senior Secondary School, Near EME Lines, HVF Estate, Avadi, Chennai-54.

WP No. 22059 of 2009

T.VINOD KUMAR, J. KLT WP No. 22059 of 2009 and M.P.No.1 of 2009 30-09-2026 (1/3)