Madhya Pradesh High Court
WP/11022/2022 of ANIL KUMAR VYAS Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 11022 of 2022
BETWEEN:-
ANIL KUMAR VYAS S/O SHRI SHREE RAM VYAS, AGEDABOUT 58 YEARS, OCCUPATION: SERVICE, R/O 105,GAYATRI NAGAR, KESHAR BAG ROAD, INDORE(MADHYA PRADESH)
(BY SHRI LOKESH MEHTA, ADVOCATE.)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH, THROUGHPRINCIPAL SECRETARY, SCHOOL EDUCATIONDEPARTMENT, VALLABH BHAWAN, BHOPAL(MADHYA PRADESH)PRINCIPAL SECRETARY, SCHOOL EDUCATIONDEPARTMENT, VALLABH BHAWAN, BHOPAL(MADHYA PRADESH)
2.DISTRICT EDUCATION OFFICER DEO OFFICE,DISTRICT INDORE (MADHYA PRADESH)DISTRICT INDORE (MADHYA PRADESH)
3.THE CHAIRPERSON, SICA EDUCATION TRUST(REGD.) 14 SANGHI COLONY, INDORE (M.P.)OTHER ADDRESS: SCHEM NO.54, VIJAY NAGAR,INDORE (MADHYA PRADESH)(REGD.) 14 SANGHI COLONY, INDORE (M.P.)OTHER ADDRESS: SCHEM NO.54, VIJAY NAGAR,INDORE (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY SHRI KUSHAL GOYAL, DEPUTY ADVOCATE GENERAL.RESPONDENT NO.3 BY SHRI MURTUZA BOHRA, ADVOCATE.)
This petition coming on for orders this day, th e court passed the following:
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ORDER
01. The petitioner has filed the present petition challenging the relievingorder dated 11.04.2022 whereby he has been relieved from his services of the school on 11.04.2022. According to the petitioner, the petitioner was compelled to submit a resignation by the Chairman of the private Trust, that resignationwas not a voluntary resignation.
02. The aforesaid are all disputed question of facts which cannot bedecided in the writ petition under Article 226 of the Constitution of India. Evenotherwise, the respondent No.3 is a private Trust not available to writjurisdiction under Article 226 of the Constitution of India. It is a settled law thatwrit petition can be decided when there are disputed question of facts involved.
03. According to the respondents, the petitioner submitted a resignationand same was accepted, all his dues were paid forthwith and he was relievedfrom his services.
04. In view of the above, Writ Petition stands dismissed as withdrawnwith liberty to avail the remedy available under the law.
Divyansh
(VIVEK RUSIA)JUDGE