1998 Supreme(SC) 283

SUPREME COURT OF INDIA
SURJIT SINGH GANDHI
Versus
INDIAN RED CROSS SOCIETY
Decided on February 27, 1998

The legal point established is that the employment status of the appellant with St. John Ambulance Association did not satisfy the tests laid down by the Supreme Court of India within the meaning of the expression in Article 12 of the Constitution of India.

Headnote:

Article 12 - Employee of St. John Ambulance Association - The court found the writ petition to be not maintainable as the appellant, an employee of St. John Ambulance Association, did not satisfy the tests laid down by the Supreme Court of India within the meaning of the expression in Article 12 of the Constitution of India. The appeal was allowed, and the writ petition was restored to the file of the High court for fresh admission.

Fact of the Case:

The writ petition filed by the appellant before the High Court of Punjab and Haryana was dismissed as not maintainable due to the appellant's employment status with St. John Ambulance Association.

Finding of the Court:

The court found the matter required more detailed consideration and expression in the judgment of the High court, and allowed the appeal, setting aside the order under appeal and restoring the writ petition to be heard afresh for admission.

Issues: The main issue was the maintainability of the writ petition filed by the appellant before the High Court of Punjab and Haryana.

Ratio Decidendi: The court found that the appellant, as an employee of St. John Ambulance Association, did not satisfy the tests laid down by the Supreme Court of India within the meaning of the expression in Article 12 of the Constitution of India.

Final Decision: The appeal was allowed, the order under appeal was set aside, and the writ petition was restored to the file of the High court to be heard afresh for admission.