Summary
Two teachers of the Air Force School, Bamrauli, run by the Indian Air Force Educational and Cultural Society, challenged Allahabad High Court judgments holding that the school is not 'State' under Article 12 and that their writ petitions over termination and disciplinary action were not maintainable. The two Judges differed. Oka, J. held that there was no evidence of government funding or pervasive IAF control, the Education Code is non-statutory, and the teachers' relationship with the school is a private contract without a public law element, so the appeals failed. Amanullah, J. held that the school performs the public function of imparting education under deep and pervasive control of serving IAF officers with funds traceable to the public exchequer, so it is an 'authority' amenable to Article 226 and within 'other authorities' in Article 12, and would have allowed the appeals.
Issues
- Whether the Air Force School, Bamrauli, is 'State' or an 'authority' within Article 12 of the Constitution.
- Whether the school and its managing committee are amenable to the writ jurisdiction of the High Court under Article 226 at the instance of its teachers in service matters.
- Whether the teachers' grievances about termination and disciplinary proceedings involve a public law element or lie purely in the realm of private contract.
Provisions considered
- Article 12, Constitution of IndiaApplying Pradeep Kumar Biswas, the test is whether on the cumulative facts the body is financially, functionally and administratively dominated by or under pervasive government control. Oka, J. found no evidence of public funding or IAF control over management and so no Article 12 status; Amanullah, J. found that the IAF, through committees of serving officers, exercised deep and pervasive control so that the school fell within 'other authorities'. (¶¶ 1, 16, 21, 22, 23, 7 (Amanullah, J.), 8 (Amanullah, J.), 25 (Amanullah, J.))
- Article 226, Constitution of IndiaFollowing Andi Mukta and St. Mary's Education Society, a writ lies against a body performing a public duty, but employees cannot invoke Article 226 in service matters not governed by statute unless a public law element exists. Oka, J. held the dispute was a private contract; Amanullah, J. read 'any person or authority' and 'for any other purpose' widely (Andi Mukta, Zee Telefilms) and held the school amenable to writ jurisdiction, teachers' service matters having a direct nexus with imparting education. (¶¶ 15, 19, 20, 24, 15 (Amanullah, J.), 17 (Amanullah, J.), 19 (Amanullah, J.), 20 (Amanullah, J.), 21 (Amanullah, J.))
Held
- Per Oka, J.: the school's 1985 statement to CBSE that it was fully financed by the IAF is not evidence of actual financing; the Education Code for Air Force Schools is a non-statutory code issued by the Society's Board of Governors; day-to-day control lies with the School Managing Committee; audited accounts for 2019-20 to 2023-24 show no public funds or grants; and determination of pay scales by the IAF or construction of the building from public funds does not by itself amount to pervasive control. (¶¶ 21, 22)
- Per Oka, J.: following St. Mary's Education Society and Army Welfare Education Society, even if imparting education is a public duty, teachers whose service conditions are not governed by statute cannot invoke Article 226 for breach of an ordinary contract of service lacking any public law element; the High Court's finding that neither the Government nor the IAF controls the school's management could not be disturbed, and the appeals were dismissed leaving other remedies open. (¶¶ 19, 20, 23, 24, 25)
- Per Amanullah, J. (dissenting): the school was set up by the IAF as a welfare measure on IAF land with IAF funds, is administered by a committee of serving IAF officers who pass all orders of appointment, probation and pay, and imparts education, a public function; this shows control that is deep and pervasive rather than merely regulatory, satisfying Pradeep Kumar Biswas. (¶¶ 5 (Amanullah, J.), 7 (Amanullah, J.), 9 (Amanullah, J.), 10 (Amanullah, J.), 26 (Amanullah, J.))
- Per Amanullah, J.: teachers are the vital link through whom the public duty of imparting education is discharged, so matters affecting their service conditions, morale and discipline have a direct nexus with that duty; the committee's administrative and disciplinary control over teachers is therefore amenable to Article 226, which is wider than Article 32 and extends to any person or authority performing a public duty 'for any other purpose'. (¶¶ 15 (Amanullah, J.), 17 (Amanullah, J.), 18 (Amanullah, J.), 19 (Amanullah, J.), 20 (Amanullah, J.), 21 (Amanullah, J.))
- Per Amanullah, J.: the label 'Non-Public Funds' is a misnomer, since such funds include direct contributions from IAF units and the Regimental Fund, enjoy tax exemptions and are supplemented by land and other indirect government support; the school is estopped from denying its own statement to CBSE that it was fully financed by the IAF, whose corpus is traceable to the Central Government. Chotelal and R.R. Pillai, which concerned the status of employees paid from regimental funds, are distinguishable. (¶¶ 12 (Amanullah, J.), 22 (Amanullah, J.), 23 (Amanullah, J.), 24 (Amanullah, J.), 28 (Amanullah, J.))
- Per Amanullah, J.: the writ petitions were maintainable and the impugned orders should be set aside so that the Allahabad High Court decides the pending matters on merits; the parties remain bound by the arrangement recorded in the Court's order of 28.08.2024 under which one appellant received a lump sum and the other was reinstated without back wages, the question of law having been decided because many cases await it. (¶¶ 19 (Amanullah, J.), 30 (Amanullah, J.), 31 (Amanullah, J.))
Result
Divided opinion of the two-Judge Bench. Oka, J.: appeals dismissed, other remedies of the appellants kept open. Amanullah, J.: appeals allowed, impugned orders set aside, writ petitions held maintainable, Allahabad High Court to decide pending matters on merits; parties bound by the arrangement recorded in the order of 28.08.2024. The report records the result as appeals dismissed.