A.
Dear Client,
Your query lacks information. You did not disclose the name of the school board under which the school is affiliated because affiliating authority governs certain norms in the matters in addition to the administrative functions like service rules, recruitment, promotion, disciplinary action etc. If the school is affiliated under CBSE Board then its Byelaws are applicable to teaching and non-teaching staffs which was framed safeguarding their services in the school. However, it is ridiculous to note that the persons are serving in a private school since last 7 years without confirmation of their service by the School authority which is unconstitutional and impermissible under law. The "right to work" has gained some recognition through judicial interpretation, particularly about the right to life as stated under Article 21 of the Constitution. The Hon'ble Supreme Court in the case of Olga Tellis & Ors. v Bombay Municipal Corporation & Ors., decided on 10th July, 1985, (1985 (3) SCC 545) and in the case of the State of UP Vs. Charan Singh(2015) recognized the right to work as a fundamental right inherent in the right to life. Apart, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights also recognize the right to work in employment and the state's responsibility to safeguard this right. The right to work prevents the removal of any person from employment or the deprivation of a person being employed, except as per the procedure established by the relevant laws. In the case of Ramesh Ahluwalia v. State of Punjab, (2012) 12 SCC 331 and St. Mary’s Education Society v. Rajendra Prasad Bhargava, 2022 SCC OnLine SC 1091, the Hon'ble Supreme Court held that a writ petition under Article 226 is maintainable against a private educational institution if it performs public functions, such as imparting education. Thus in the given scenario, serving a legal notice to the school authority, filing a writ petition before the High Court under Article 226 of the Constitution is a viable option to ensure justice in a matter where one's right to work, recognised as a fundamental right, is infringed. Further, if the school is a Govt. aided and the State Government also exercise administrative control over the school, then serving a legal notice to the Principal of the School, you can escalate your grievance before the District Inspector of Schools or the higher authorities of the State Education Department requesting them to intervene into the arbitrary and unjustified action of the Principal of the concerned School. Hence, it is recommended to consult with an experienced and senior Advocate to navigate the matter in the right way to secure the end of justice.
Posted On 30-Nov-2025
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