Writ jurisdiction does not extend to private institutions unless they perform public functions; employment disputes in such institutions are governed by private contracts.

JUDGMENT :

Soumen Sen, J.:

1. The judgment under appeal is arising out of a decision dated 6th April, 2022 rejecting the contention of the appellant that the respondent no.6, Calcutta Institute of Technology is amenable to writ jurisdiction.

2. The Umbra and Penumbra of Private Law and Public Law and the thin line existing in between has come up for consideration in this appeal.

3. The learned Single Judge has dismissed the writ petition on the ground that the Calcutta Institute of Technology is not amenable to writ jurisdiction as the dispute is essentially a private dispute between the Institute and the Professor inasmuch as CIT is a private, self-financed un-aided institution.

4. Before I discuss the changing horizon of the public law it is necessary to discuss in nature of the dispute and the character of CIT.

5. The writ petitioner filed a writ application, inter alia, challenging the notice of discharge being memo bearing no. F11/Prin/2018-19/11 dated 13th February, 2019 issued by the Principal-in-charge of Calcutta Institute of Technology (in short ‘CIT’) a unit of Uluberia Rural Society for Care of Health and Research Development (in short ‘URSCHARD’).

6. The grievance of the petitioner is that the Principal-in-charge of CIT did not allow the writ petitioner to resume his service upon completion of his CSIR SRF fellowship of Jadavpur University. The petitioner claims that he was offered the position of an Assistant Professor in Electrical Engineering Department at CIT vide a letter dated 15th July, 2014 and pursuant thereto he joined the said respondent institution as Assistant Professor on one year probation in Electrical Engineering Department.

7. Subsequently, on 25th May, 2015 and 3rd December, 2016 satisfactory experience certificate was issued by the Principal of CIT in favour of writ petitioner and thereafter with a view to achieving degree of Doctorate the writ petitioner pursued Ph.D at Jadavpur University upon obtaining a no objection certificate from the Principal of the institute on 21st November, 2017. This was followed by another no objection certificate dated 20th February, 2018 that would enable the writ petitioner to attend the interview and continue if selected for SRF conducted by CSIR, New Delhi.

8. The Jadavpur University subsequently issued a notice on 11th May, 2018 in connection with registration of the writ petitioner for his Ph.D course and on being informed the Principal-in-charge of CIT issued a further no objection certificate on 13th June, 2018 allowing the writ petitioner to complete his Ph.D registration process. Thereafter the writ petitioner applied for release on lien for pursuing Ph.D at Jadavpur University on 21st June, 2018. However, upon receiving no reply another mail was made through registered mail address of the respondent on 12th July, 2018.

9. The writ petitioner joined CSIR SRF scholar at Jadavpur University Power Engineering Department for pursuing Ph.D. On 16th July, 2018 at around 05:12 pm writ petitioner received one mail from the Principal-in-charge, CIT rejecting his request for lien and in the said communication it has been stated that previously issued “no objection certificate” was issued merely for registration and pursuing Ph.D so that he can continue research as a part time student. The writ petitioner thereafter made a representation for reconsideration of his issue of lien through electronic mail and also approached the Chairman, All India Council for Technical Education for redressal of his grievance. However, such representation did not elicit any reply and ultimately on 13th February, 2019 the writ petitioner was discharged from his duties with immediate effect by the CIT. Thereafter the writ petitioner made a representation on 13th June, 2021 for reconsideration of the said decision and resumption of his normal duties, however the said representation was rejected by CIT in its communication dated 30th July, 2021. The writ petitioner has stated in the writ petition t