Termination of Service Has No Nexus With Discharge of Public Duty: MP High Court Dismisses Writ Against Private Educational Institution
2 years, 3 months ago

Termination of Service Has No Nexus With Discharge of Public Duty: MP High Court Dismisses Writ Against Private Educational Institution

Live Law  

The Madhya Pradesh High Court recently dismissed a writ petition on the ground that the Petitioner was assailing her termination, which was issued by a private unaided minority institution, pursuant to its own bylaws. The Court held the petition to be not maintainable as the bylaws had no statutory force, corollary to which the issuance of order of termination could not be brought within the ambit of "an act in discharge of public duty". The Apex Court also clearly held that, even if the educational institution imparting public duty, the act complained of must have a direct nexus with the discharge of public duty. Referring to St. Mary's Education Society case, the Respondents asserted that a writ petition against a private unaided educational institution is not maintainable, inasmuch as the service conditions of the Petitioner were not governed or controlled by any statutory provisions.

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History of this topic

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court
7 months, 3 weeks ago

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

Live Law  

A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves private …

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court
3 years, 7 months ago

Private Unaided Education Institutions Discharge Public Duty Of Imparting Education; Amenable To Writ Jurisdiction: Calcutta High Court

Live Law  

The Calcutta High Court has held that private unaided educational institutions discharge public function under the Right to Education Act and are therefore amenable to the Court's writ jurisdiction under Article 226 of the Constitution. The Court's attention was also drawn to a Full Bench decision rendered by the Allahabad High Court in Roychan Abraham v. State of UP, AIR …

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