Madras High Court
WA/434/2024 of Z.P.H. GUJARATI PRIMARY SCHOOL Vs PURNIMA JHA on 8 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 434 of 2024 AND
CMP NO. 2951 OF 2024
1. Z.P.H. Gujarati Primary School
(Owned and managed by Z.P.H. Gujarati
Kanya Kelavani Mandal) Rep. by its
Correspondent, No.1, Ravanier Street,
Chennai-600003.
2. Z.P.H.Gujarati Kanya Kelavani Mandal
Reg. Society S.No.34 of 1958, Rep. by its Committee of Management, Z.P.H. Gujarati Primary School, No.1, Ravanier Street, Chennai-600003
..Appellants
Vs
1. Purnima Jha
W/o.Baskar, No.2, Anna Street, Krishnamurthy Nagar, Kodungaiyur, Chennai-600118.
2. Director of Elementary Education,
D.P.I. Campus, Chennai-600006
3. Assistant Elementary Educational Officer Periamet Range, Chennai-600001
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the orders passed by the Honble Court in WP No.26993/2014 dated 17.08.2023
For Appellant(s):
Mr.S.Jayamalan
For Respondent(s):
No Appearance FOR R1
Ms.RK.Sekina Reshma, Additional Government Pleader for R2 and R3
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
Z.P.H.Gujarati Primary School, owned and managed by ZPH Gujarati Kanya Kelavani Mandal, represented by its Correspondent has filed the present intra Court appeal, challenging the writ order dated 17.08.2023 passed in W.P.No.26993 of 2014.
2. The present appeal was listed for final hearing on 07.09.2026. None appeared for the first respondent / writ petitioner. In order to provide further opportunity, the matter was directed to be listed today under the caption 'for arguments and to pass orders'. Even today, when the matter is called none appeared for the first respondent. Thus, this Court has taken up the matter for final hearing.
3. The first respondent filed the writ petition challenging the order of termination of her services from the post of Junior Secondary Grade Teacher in the appellant institution. The writ Court considered the issues on merits and allowed the writ petition. Admittedly, the appellant is a private management school and grant-in-aid has been sanctioned by the Government. The order of termination has been passed by the management of the appellant school and approved by the competent educational authorities. In respect of an order of punishment passed by the private management, no writ would lie before the High Court under Article 226 of the Constitution of India. An aggrieved person under the provisions of the Private Schools Regulation Act may file a statutory appeal before the competent authority under the Act or challenge the order passed by the Management before the competent Court. However, writ petition is not maintainable since the private management school is not a 'State' within the meaning of Article 12 of the Constitution of India. The Writ Court has not decided the preliminary issue regarding maintainability of the writ petition and gone into the merits of the case and passed an order.
4. In view of the above factum, the writ order impugned dated 17.08.2023 in W.P.No.26993 of 2014 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. However, the first respondent is at liberty to approach the competent forum for the purpose of redressal of her grievance. In the event of any such approach, the competent authority or the competent court of law shall take up the matter on file, adjudicate the same on merits and in accordance with law as expeditiously as possible and without reference to the delay in filing of such appeal. (S.M.S.,J.) (K.G.R.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. Director of Elementary Education, D.P.I. Campus, Chennai-600006
2. Assistant Elementary Educational Officer Periamet Range, Chennai-600001
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 434 of 2024 AND CMP NO. 2951 OF 2024 08-09-2026