In a 2:1 majority judgment, the Supreme Court ruled that the Air Force School in Bamrauli, Allahabad is not a ‘State’ or ‘authority’ under Article 12 of the Constitution, and thus its contract employees cannot seek regularisation through writ petitions.
New Delhi – The Supreme Court ruled that the Air Force School located at Bamrauli in Allahabad is not under the control of the State. Therefore, contract teachers working at the school cannot demand regularisation of their jobs.
A three-judge bench, headed by Justice Abhay S Oka, gave the verdict with a 2:1 majority, upholding an earlier decision of the Allahabad High Court.
The main question was whether the school can be considered as a “State” under Article 12 of the Constitution. Article 12 defines what bodies come under the term “State” and are bound by Fundamental Rights, such as the Central and State Governments, local authorities, and other bodies that are under government control.
Justice Abhay S Oka, writing the majority opinion on behalf of himself and Justice Augustine George Masih, observed:
“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the state or the IAF has any control, let alone all-pervasive control, over the school.”
He further explained that the Air Force School is managed by the Indian Air Force Educational and Cultural Society, which is a private body registered under the Societies Registration Act, 1860.
“The relationship between the appellants and the said school is in the realm of private contract. Assuming that there was a breach of private contract, the same does not involve any public law element … Therefore, there is no merit in the appeals, and the same are dismissed. We, however, make it clear that other remedies, if any, of the appellants are kept open.”
The Supreme Court also stated that the society running the school does not follow any statutory rules and that the Education Code under which the school functions has no legal backing. This means it does not have any official government status.
“The employment relationship between the appellants and the school falls within the private contractual domain and does not warrant the invocation of writ jurisdiction. The relationship between the appellants and the said school is in the realm of private contract,” the court added.
However, Justice Ahsanuddin Amanullah disagreed with the majority. In his dissenting judgment, he said that the school performs a public function – that is, providing education – and this brings it under the State’s influence.
“The school has been established primarily to impart education which is a ‘public function’… juxtaposed with the dominant and all-pervasive control exercised on the School through the Committee by serving officers of the IAF,” he stated.
He pointed out that the school’s governing committee consists of serving IAF officers, which shows that the Indian Air Force has significant control over its working. He also noted that many such schools operate within Air Force bases, using government resources and infrastructure.
“The school catered to the children of the Air Force personnel often stationed in remote areas,” which, he said, showed that it served a governmental purpose.
Background
The case involved two former teachers, Dileep Kumar Pandey and Sanjay Kumar Sharma, who were working on contract at the Air Force School in Bamrauli. After they were removed from their jobs, they filed writ petitions, asking for justice and seeking permanent employment.
However, the Supreme Court said their relationship with the school was purely contractual, and such matters do not fall under public law or writ jurisdiction.
The court dismissed the appeals filed by the teachers but clarified:
“We, however, make it clear that other remedies, if any, of the appellants are kept open.”
In conclusion, the Supreme Court held that the Air Force School in Bamrauli, Allahabad, is not a government-controlled body under Article 12. Hence, its contract employees cannot claim regularisation through the constitutional route of writ petitions. However, they are free to explore other legal options, such as approaching a civil court for breach of contract.
Case Name – Dileep Kumar Pandey v. Union of India & Ors.
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