Amar B. Singh vs The State Of Madhya Pradesh

Sanjay Yadav, J.—Heard on admission.

Controversy in the present writ petition relates to appointment of the petitioner as Incharge Principal, Mission Higher Secondary School Seoni, a minority Institution, receiving grant-in-aid and is directed against the order dated 30.4.2014 passed by Temporary Committee of Management of Aided Mission Higher Secondary Schools. An order passed in Misc. Case No. 50-B-121/13-14 which in turn arises from the order dated 12.12.2013 passed by the Sub Divisional Officer, accepting the recommendation by Temporary Management Committee on 26.10.2013 of recommending the petitioner for appointment as Incharge Principal Mission Higher Secondary School Seoni. And as apparent from the impugned order the recommendation dated 26.10.2013 and the order dated 12.12.2013 has been turned down with a direction to the committee to consider a fresh on the basis of seniority list of the year 1996-97:

At the outset learned Govt. Advocate submits that the school in question though receives grant-in-aid is a minority institution managed by Seoni Church Board Mission Education Society Seoni and though by order dated 24.4.2008 passed by the Collector, the institution is being managed by a temporary Committee, till a permanent committee is constituted; however, there is no deep pervasive control of the State in governance and management of the Institution, as such is not amenable to writ jurisdiction as it is not a State under Article 12 of the Constitution of India.

To determine as to whether a body is a State under Article 12 of the Constitution of India parameters have been laid down by the Supreme Court in Pradeep Kumar Biswas and Others Vs. Indian Institute of Chemical Biology and Others, wherein it is held:

The picture that ultimately emerges is that the tests formulated in Ajay Hasia are not a rigid set of principles so that if a body falls within any one of them it must, ex hypothesis, be considered to be a State within the meaning of Article 12. The question in each case would be whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government. Such control must be particular to the body in question and must be pervasive. If this is found then the body is a State within Article 12. On the other hand, when the control is merely regulatory whether under statute or otherwise, it would not serve to make the body a State.

In the case at hand, petitioner has failed to establish that the society which manages the Mission Higher Secondary School, Seoni is financially, functionally and administratively dominated under the Control of Government. In view whereof, the same being not a State within Article 12 of the Constitution of India, in the considered opinion of this Court is not amenable to writ jurisdiction under Article 226 of the Constitution of India.

Consequently, petition fails and is dismissed in limine.

Dismissal of this petition however, will not come in way of the petitioner seeking remedy before appropriate forum.