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SUBHENDU SAMANTA
Arup Kumar Bhaumik – Appellant
Versus
State of West Bengal – Respondent
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 Soc
Writ jurisdiction does not extend to private institutions unless they perform public functions; employment disputes in such institutions are governed by private contracts.
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 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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