WP/21163/2012 of D.LUCAS SAGAYANATHAN Vs THE REGIONAL DIRECTOR on 22 September 2026

ORDER

Heard the learned counsel for the petitioner and the learned Counsel for the respondents No.1, 3 and 4 and learned Government Pleader for R2.

2. The petitioner by the present writ petition has assailed the action of the 3rd respondent in issuing the impugned proceedings dated 09.02.2011.

3. When the writ petition was taken up for hearing, the learned counsel for the third respondent submits that the third respondent is not amenable to writ jurisdiction, as the said respondent is not a "State" within the meaning of Article 12 of the Constitution of India.

WP No. 21163 of 2012

4. The learned counsel appearing for the third respondent further submits that this Court, in its order dated 07.02.2019 in W.P.Nos.4246 to 4248 of 2018, had held that in respect of a private school, no writ petition can be entertained and granted liberty to the petitioners therein to approach the competent authority for redressal of their grievances.

5. The learned counsel for the third respondent further submits that recently viz., on 02.09.2026, a Hon'ble Division Bench of this Court, in Writ Appeal vide W.A.No.2887 of 2023 filed by the third respondent herein, had held that the third respondent School, being run by a Society is a private management and is not a "State" within the meaning of Article 12 of the Constitution of India; and thus the writ petitioner/first respondent in the writ appeal has to approach the competent forum for the purpose of securing appropriate relief.

6. Further, the issue involved in the present writ petition as to be status of the third respondent school which is run by the fourth respondent society stands covered by the decision of the Hon'ble Apex Court in the case of Army Welfare Educational Society Vs. Sunilkumar Sharma and others

WP No. 21163 of 2012

reported in 2024 SCC Online SC 1683 wherein the Hon'ble Supreme Court had held under: “57. In view of the aforesaid, nothing more is required to be discussed in the present appeals. We are of the view that the High Court committed an egregious error in entertaining the writ petition filed by the respondents herein holding that the appellant Society is “State” within Article 12 of the Constitution. Undoubtedly, the school run by the appellant society imparts education. Imparting education involves public duty and therefore public law element could also be said to be involved. However, the relationship between the respondents herein and the appellant Society is that of an employee and a private employer arising out of a private contract. If there is a breach of a covenant of a private contract, the same does not touch any public law element. The school cannot be said to be discharging any public duty in connection with the employment of the respondents.”

7. In view of the aforesaid well-settled position of law, this Court is of the view that the petitioner is not entitled for being granted any relief in the present writ petition and has to approach the competent forum for the purpose of seeking redressal of the grievance/appropriate relief.

WP No. 21163 of 2012

8. Accordingly, the present writ petition is disposed of granting liberty to the petitioner to approach the competent forum. No order as to costs. 22-09-2026 msv Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To

1. The Regional Director, Central Board Of Secondary Education, Plot No.1630 A, J-block, 16th Main Road, Anna Nagar West, Chennai-600040

2. The Director Of School Education, Perunthalaivar Kamarajar Centurian Complex, Nellithope, Puducherry-605

3. The Chairman, The ONGC Public School, School Managing Committee, Neravy Karaikal-609 604

4. The Correspondent, ONGC Public School, Neravy, Karaikal-609 604

5. B.Sivakumar, Principal, ONGC Public School, Neravy, Karaikal-609604

WP No. 21163 of 2012

T.VINOD KUMAR, J. MSV WP No. 21163 of 2012 22-09-2026