No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS SPA No.654 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Vikas Bahuguna, Advocate for the appellants through V.C. 2. Mr. Vivek Kumar, learned counsel holding brief of Mr. Abhishek Dutt, learned counsel for respondent no.1. 3. Mr. K. N. Joshi, learned Deputy Advocate General for the State/ respondent nos.2 to 4. 4. Mr. Shashank Upadhyay, learned counsel for respondent no.5. 5. This intra court appeal is directed against judgment and order dated 10.04.2017, passed by learned Single Judge in Writ Petition (S/S) No.1820 of 2011. By the said judgement, direction was issued to appellants to reinstate respondent no.1 in service with all consequential benefits and also to pay him salary of ₹10,000/- w.e.f. 2003 till the date of his reinstatement. 6. Appellant has challenged the said judgment on the ground that institution in question where respondent no.1 was employed is un-aided educational institution which is affiliated to Central Board of Secondary Education, New Delhi and in view of the law declared by the Hon’ble Supreme Court in T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others (2002) 8 SCC 481, the only remedy available to respondent no.1 against termination of his services is to approach the Education Tribunal. 7. Learned counsel for appellants submits that writ petition will not be maintainable against termination of service of a teacher of an un-aided educational institution. 8. We find substance in the said submission. 9. The Cambridge Senior Secondary School is not receiving any financial aid from the State or Central Government and it is run by a society, therefore, it would not come within definition of State under Article 12 of the Constitution of India. 10. Thus, writ petition filed by respondent no.1 against Management of the school would not be maintainable. We therefore set aside the impugned judgment and permit respondent no.1 to approach Education Tribunal. (Subhash Upadhyay,J.) (Manoj Kumar Tiwari, J.) 18.06.2025 Kaushal/SS