CBSE Not A Statutory Body ; Writ Petition Raising Service Disputes Not Maintainable Against Pvt. Educational Institution : Supreme Court
2 years, 4 months ago

CBSE Not A Statutory Body ; Writ Petition Raising Service Disputes Not Maintainable Against Pvt. Educational Institution : Supreme Court

Live Law  

The Supreme Court has held that a writ petition raising service disputes against private educational institutions are not maintainable, if they are not governed or controlled by the statutory provisions. It must be consequently held that while a body may be discharging a public function or performing a public duty and thus its actions becoming amenable to 65 judicial review by a Constitutional Court, its employees would not have the right to invoke the powers of the High Court conferred by Article 226 in respect of matter relating to service where they are not governed or controlled by the statutory provisions. While such of those functions as would fall within the domain of a "public function" or "public duty" be undisputedly open to challenge and scrutiny under Article 226 of the Constitution, the actions or decisions taken solely within the confines of an ordinary contract of service, having no statutory force or backing, cannot be recognised as being amenable to challenge under Article 226 of the Constitution. Similarly, for ascertaining the discharge of public function, it must be established that the body or the person was seeking to achieve the same for the collective benefit of the public or a section of it and the authority to do so must be accepted by the public - While a body may be discharging a public function or performing a public duty and thus its actions becoming amenable to judicial review by a Constitutional Court, its employees would not have the right to invoke the powers of the High Court conferred by Article 226 in respect of matter relating to service where they are not governed or controlled by the statutory provisions.

India Supreme Court Writ Petition Board Constitution School Court Duty Judicial Review Service Statutory Public Educational Cbse Article Petition Educational Institution Institution Maintainable 226 Statutory Provisions Public Duty Service Disputes No Statutory Force Public Function Body Writ That Duty Para 69  service  public  body  writ  maintainable  article  statutory  supreme  institution  court  duty  school  raising  educational  petition  pvt  226

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 …

Delhi HC backs 7th CPC benefits for unaided pvt. school teachers
1 year, 5 months ago

Delhi HC backs 7th CPC benefits for unaided pvt. school teachers

The Hindu  

Teachers of unaided private schools are entitled to the same pay and emoluments as their counterparts in government schools, the Delhi High Court has observed. Three teachers of Bharat Mata Saraswati Bal Mandir Senior Secondary School had earlier filed a writ petition before the court, submitting that the benefits of the 7th CPC was not extended by the school. “It …

Conclude Proceedings Against Schools Found In Violation Of Bye-Laws Within Six Months: Delhi High Court Directs CBSE
1 year, 10 months ago

Conclude Proceedings Against Schools Found In Violation Of Bye-Laws Within Six Months: Delhi High Court Directs CBSE

Live Law  

The Delhi High Court has directed the Central Board of Secondary Education to conclude proceedings initiated against schools which are found in violation of its bye-laws within six months. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation seeking CBSE enquiry into the transactions between education societies. A division bench …

12th Board Result| CBSE's Caution Must While Taking Decisions Affecting Lakhs Of Students, Legitimate Expectation Doctrine Attracted: Delhi HC
2 years, 4 months ago

12th Board Result| CBSE's Caution Must While Taking Decisions Affecting Lakhs Of Students, Legitimate Expectation Doctrine Attracted: Delhi HC

Live Law  

The Delhi High Court has observed that a greater degree of care and caution, as well as due diligence is required on part of the functionaries and office bearers of Central Board of Secondary Education to ensure that due process is not violated at the higher echelons while taking decisions that affect the lives of lakhs of students.Justice Chandra Dhari …

Mere Regulation Of A Body By A Statute Does Not Mean That The Body Is Discharging 'Public Function': Delhi High Court
2 years, 5 months ago

Mere Regulation Of A Body By A Statute Does Not Mean That The Body Is Discharging 'Public Function': Delhi High Court

Live Law  

The Delhi High Court has reiterated that merely because a body is obligated to comply with various statutory requirements, that cannot be conclusive to answer the question of whether it is discharging a public function.Justice Yashwant Varma observed,"The fact that the cooperative society is registered under the Act or that the Byelaws or the procedure of elections owe their genesis …

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court
2 years, 9 months ago

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court

Live Law  

The Delhi High Court has adjudicated an issue as to whether a petitioner who has filed a civil suit claiming certain private rights is disentitled to file a writ petition seeking a direction to the Municipal Corporation to carry out its duty. Justice Sanjeev Sachdeva has observed that the power exercised by a High Court under Article 226 of the …

CBSE Class XII Exam: Supreme Court Seeks Regional Officer's Report On Students' Complaint Of School Violating Evaluation Policy
2 years, 10 months ago

CBSE Class XII Exam: Supreme Court Seeks Regional Officer's Report On Students' Complaint Of School Violating Evaluation Policy

Live Law  

In a writ petition filed by Class XII-pass out students aggrieved by school's alleged failure to implement the evaluation procedure as prescribed in the Evaluation Policy, the Supreme Court on Monday directed the school authorities and students to appear before the Regional Officer, CBSE to demonstrate the disparity in the marking.The bench of Justices AM Khanwilkar and CT Ravikumar also. …

Class XII Exams : Supreme Court Directs CBSE To Consider Representation Alleging Non-Compliance With Dispute Resolution Mechanism
3 years ago

Class XII Exams : Supreme Court Directs CBSE To Consider Representation Alleging Non-Compliance With Dispute Resolution Mechanism

Live Law  

In a petition filed by Class XIIth students alleging non compliance by CBSE to the Dispute Resolution Mechanism, the Supreme Court recently directed CBSE to consider the student's representation and dispose them expeditiously within a period of 3 weeks.The bench of Justices AM Khanwilkar and CT Ravikumar while disposing the petitions observed that it was not open for the petitioners …

Supreme Court Seeks CBSE Response To Pleas Alleging Failure To Assess Class 12 Marks As Per 30:30:40 Formula
3 years, 3 months ago

Supreme Court Seeks CBSE Response To Pleas Alleging Failure To Assess Class 12 Marks As Per 30:30:40 Formula

Live Law  

The Supreme Court on Friday sought the response of the CBSE to two writ petitions filed by Class XII students who complained that their schools have failed to assess their results as per the 30:30:40 formula approved by the Court and that the CBSE has not adequately redressed their grievance. in respect of Dispute Resolution mechanism prescribed by the circular …

CBSE Class XII Marks Not Assessed As Per 30:30:40 Formula; No Dispute Resolution Mechanism : Plea In Supreme Court
3 years, 3 months ago

CBSE Class XII Marks Not Assessed As Per 30:30:40 Formula; No Dispute Resolution Mechanism : Plea In Supreme Court

Live Law  

The writ petitions raise the issue of failure in complying with the directions passed by the Supreme Court on June 17 in the case Mamta Sharma v CBSE and Ors. in respect of Dispute Resolution mechanism prescribed by the circular dated August 8, 2021 and 30:30:40 formula while declaring class XIIth Results. The Supreme Court on Friday considered two writ …

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC
3 years, 3 months ago

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC

Live Law  

The Karnataka High Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable. Further, it was said, "The present writ petition filed by the Gram Panchayat is in furtherance of its objective of protection of a public property, …

CBSE private students continue to protest against exams; here's what Exam Controller Sanyam Bhardwaj says
3 years, 5 months ago

CBSE private students continue to protest against exams; here's what Exam Controller Sanyam Bhardwaj says

India TV News  

The Central Board of Secondary Education Board has already cancelled the exams for regular students of Classes 10 and 12. Speaking to India TV, CBSE Exam Controller Sanyam Bhardwaj on Tuesday said the announced dates are only for Class 12 private students. Image Source : TWITTER CBSE private students hold protest outside CBSE headquarters against the board's decision to conduct …

Will CBSE cancel exams for private students? This is board's official response
3 years, 5 months ago

Will CBSE cancel exams for private students? This is board's official response

India TV News  

Amid a social media storm surrounding calls for cancellation of CBSE exams for Class 12 private students, the board on Wednesday said it does not have the "desired records", stating that their results "cannot be prepared based on the assessment policy". "In case of private students, neither the schools nor CBSE have the desired records, hence, their result cannot be …

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 …

'Forced To Prescribe NCERT & CISCE Approved Textbooks': Punjab And Haryana High Court Issues Notice On CBSE Affiliated Schools' Petition
3 years, 7 months ago

'Forced To Prescribe NCERT & CISCE Approved Textbooks': Punjab And Haryana High Court Issues Notice On CBSE Affiliated Schools' Petition

Live Law  

The Punjab and Haryana High Court has issued a notice to the Punjab government over an application filed by the CBSE Affiliated Schools Association, submitted that they are being forced to prescribe only NCERT and CISCE approved textbooks under the threat of withdrawal of recognition/NOC.Calling this decision 'totally illegal and high-handed', the. The Punjab and Haryana High Court has issued …

Writ Petition Maintainable Against Pvt. Educational Institutions As They Perform Public Function & Are Subject To State Education Rules: Jammu And Kashmir HC [Read Order]
4 years, 4 months ago

Writ Petition Maintainable Against Pvt. Educational Institutions As They Perform Public Function & Are Subject To State Education Rules: Jammu And Kashmir HC [Read Order]

Live Law  

The Jammu and Kashmir High Court last week reiterated that writ petitions against even purely private, unaided educational institutions are maintainable, considering they are performing public functions. Per contra, the respondents have sought dismissal of the writ petition inter-alia upon a preliminary / maiden objection qua the maintainability of the writ on the premise that the respondent-school is a private …

Sisodia Writes To HRD Minister To Cancel CBSE Class Board Exams
4 years, 6 months ago

Sisodia Writes To HRD Minister To Cancel CBSE Class Board Exams

The Quint  

In his letter, Sisodia said that subjecting students to exams in such an uncertain and anxiety-prone situation would be unfair to them. He added that making arrangement for these exams will be difficult in the COVID-19 scenario, especially in Delhi, where the number of COVID positive cases are expected to rise to 5.5 lakh by end-July. The deputy chief minister …

Writ Petition Maintainable Against Private Body When It Has A Public Duty Imposed On It: Madras HC [Read Order]
5 years, 6 months ago

Writ Petition Maintainable Against Private Body When It Has A Public Duty Imposed On It: Madras HC [Read Order]

Live Law  

The Madras High Court has held that a writ petition is maintainable against any private body if it has a public duty imposed on it. Justice Pushpa Sathyanarayana allowed a writ petition filed by a lady seeking a direction to a private insurance company to honour an insurance claim in respect of Health Insurance Policy availed by her husband. Writ …

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