Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that while unaided private educational institutions recognized by the government or affiliated to statutory boards may qualify as “public authorities” amenable to writ jurisdiction, a writ of mandamus can only be issued if the actions of such institutions fall within the domain of public law rather than private law. Court's Observations: Elucidating the mandate of the Writ of mandamus and when it could be issued the court stated that writ jurisdiction under Article 226 applies to any person or body performing public duties, irrespective of their form. Referring to the Supreme Court judgment in St. Mary's Education Society v. Rajendra Prasad Bargava, the court underscored that actions emanating from private law, such as employment disputes, cannot invoke writ jurisdiction unless tied directly to public duties. An unaided private educational institution may qualify to be a 'Public authority' amenable to writ jurisdiction of the High Court, however, a mandamus will not be issued unless action of such authority complained of falls in the domain of public law as distinguished from private law."