JUDGMENT :

J.B. Pardiwala, J.

1. Leave granted.

2. This appeal is at the instance of a private unaided minority educational institution and its disciplinary committee, (respondents before the High Court) and is directed against the judgment and order dated 15.12.2021 passed by a Division Bench of the High Court of Madhya Pradesh, Bench Indore in the Writ Appeal No. 485 of 2017 by which the Division Bench set aside the judgment and order passed by a learned single Judge of the High Court and held that a writ petition filed by an employee of a private unaided minority educational institution seeking to challenge his termination from service is maintainable in law.

3. In the present appeal, two pivotal issues fall for consideration of this Court :-

(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private unaided minority institution?

(b) Whether a service dispute in the private realm involving a private educational institution and its employee can be adjudicated in a writ petition filed under Article 226 of the Constitution?

In other words, even if a body performing public duty is amenable to writ jurisdiction, are all its decisions subje