The main legal point established in the judgment is that for a writ petition to be maintainable under Article 226 of the Constitution of India, the decision under challenge must involve a public element, and the body or person must be shown to owe a duty or obligation to the public involving the public law element.

JUDGMENT :

Subhendu Samanta, J.

1. The instant writ petition has been filed by the writ petitioner challenging an order dated 01.06.2020 issued by the Chairman of Board of Governors of respondent college namely RCCIIT Institute of Information Technology (RCCIIT), terminating the service of the petitioner as principal on probation of the college, pursuant to the decision taken at the meeting of the Board of Governors dated 29.05.2020.

2. During the final hearing of the instant writ petition the respondent No. 7 and 8 raised point of maintainability of the writ petition on the ground that RCCIIT is not not amenable to writ jurisdiction.

3. This Court think it necessary to hear the point of maintainability before entering into the merit. Accordingly, the point of maintainability of this writ petition is heard on behalf of the parties.

4. Learned Advocate Mr. Saptansu Basu submits that RCCIIT is self financed engineering college which is established under an autonomous society. The affairs of the college was managed and controlled by Governing Body with the nomencletcher “Board of Governors”. The members of Governing Body of the college are selected by the Board of Management of the Society and are not nominated by the government of West Bengal. Mr. Basu Further argued the service conditions of the employees of the college are governed by the service rules of the college. The service rules of the college having not been framed in pursuance to in delegated powers of the State and hence the same do not have any statutory force. The service rules of the college simply defined the service contract between the employer and its employees and the same is solely within the private law domain.

5. Employees of the college are not recruited or recommended by the West Bengal College Service Commission. Such persons are recruited through the advertisement by the college in newspapers and recommended by the screening committee on the basis of their performances by interview.

6. Mr. Basu further argued that the college dose not receive any recurring grounds from the State Government. The State Government does not pay the salary of the stuff of the college or any component of such amount payable, from its own exchequer. The college bears the burden of paying the salary of its stuff from its own funds, especially from the tuition fees collected from the students. Mr. Basu further argued the State Government does not exercise deep and all pervasive control over the administrative, financial and functional aspect of the college.

7. On the basis of that argument Mr. Basu, argued that the respondent college is not “stafe” within the meaning of Section 12 of Constitution of India and hence, it is not amenable to the writ jurisdiction of the High Court. Mr. Basu, further argued that the AICE by its notification No. F. No. 37-3/Legal dated 10.12.2010 defined Government aided institutions to mean, a technical institution that meets 50% or more of its recurring expenditure out of the ground received from the Government or Government Organisations. In terms of the said notification the respondent college does not qualified to be a Government aided institutions. Finally he argued the instant writ petition is not maintainable and liable to be dismissed in limini.

8. In support of his contention he cited a decision of Hon’ble Apex Court in St. Mary’s Education Society & Anr. Vs. Rajendra Prasad Bhargava and Ors. (2023) 4 SCC 498.

9. Mr. Ranajeet Chatterjee, Learned Advocate appearing on behalf of the petitioner submits that the point of maintainability has already been decided by two Co-ordinate Benches of this court. He argued that the Hon’ble Co-ordinate Bench in WP No. 13874 (w) of 2016 categorically analysed the issued regarding the point of maintainability. The Co-ordinate Bench has took note about the formation and power of Governing Body of RCCIIT and also has perused the formations and procedure of appointment of Board of Management of RCCIIT.

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