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IN THE HIGH COURT OF JUDICATURE AT PATNA
NANI TAGIA, J.
Ravi Kumar Sinha, S/o. Naresh Pd Sinha - Petitioner
Versus
The State of Bihar, through Chief Secretary of Bihar Government and Ors. – Respondents
Civil Writ Jurisdiction Case No.6145 of 2023
Decided On : 19-08-2025
| Table of Content |
|---|
| 1. challenge to termination of employment (Para 2 , 3) |
| 2. lack of judicial jurisdiction over private institutions (Para 4 , 7) |
| 3. precedent on maintainability of writ in private institutions (Para 5 , 6) |
| 4. dismissal of writ petition and liberty to seek alternative forum (Para 8 , 9) |
ORDER :
Nani Tagia, J.
Heard Dr. Ajay Shankar Rajoo, learned counsel appearing on behalf of the petitioner; Mr. Amit Bhushan, learned AC to GP-17 appearing on behalf of the State and Mr. Anil Kumar Singh, learned counsel representing respondent Nos. 4 to 6.
2. This writ petition has been filed challenging the termination letter dated 19.01.2023, issued by the respondent No.4 / Manager of D.A.V. Public School, Jehanabad, whereby, the petitioner’s service as Science Teacher in the D.A.V. Public School, Jehanabad has been terminated.
3. Respondent Nos. 4 to 6 have filed a counter affidavit, wherein, it has been stated that the D.A.V. Public School, Jehanabad is managed by D.A.V. College Trust and Management Society which trust and society is entirely a private body.
4. There is no pleading in the writ petition nor any material has been brought on record indicating that the D.A.V. Public School, Jehanabad and respondent No. 6 / D.A.V. College Managing Committee are State within the meaning of Article 12 of the Constitution of India, thereby making the respondent Nos. 4 to 6 amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India.
5. Learned advocate for the petitioner has placed reliance on a decision of this Court rendered in the case of Shiv Shankar Singh vs. the State of Bihar & Ors. in C.W.J.C. No. 5476 of 2020 to contend that the writ petition is maintainable even in the case of private institution performing a public function and duty whether it is an aided or unaided institution.
6. The decision relied on by the learned advocate for the petitioner pertains to St. Joseph Convent Girls High School (+2), Barh, Patna whose management authority is entirely different from the managing authority of the D.A.V. Public School, Jehanabad.
7. On perusal of the pleadings made in the writ petition, there is nothing on record to indicate that the D.A.V. Public School, Jehanabad is performing any public duty thereby amenable to the writ jurisdiction of this Court under Article 226 of Constitution of India in the light of the decision rendered in the case of Shiv Shankar Singh vs. the State of Bihar & Ors. in C.W.J.C. No. 5476 of 2020.
8. Under the circumstances, the decision relied on by the learned advocate for the petitioner will not be applicable in the instant case.
9. Accordingly, the writ petition is dismissed as not maintainable with a liberty granted to the petitioner to approach the appropriate forum.
Writ petition challenging termination from a private school not maintainable unless it is shown to perform public functions under Article 12 of the Constitution.
Matter pertains to the internal affairs of an unaided Non-Government Educational Institution, a writ petition would not be maintainable against the unaided private Institution, as an alternative reme....
The main legal point established in the judgment is that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
The main legal point established in the judgment is that the petitioner, as an employee of a school with a public element in imparting education, was entitled to avail the remedy under Article 226 of....
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
A writ petition under Article 226 of the Constitution of India is not maintainable against a private unaided minority educational institution. A service dispute in the private realm involving a priva....
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