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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, PRASENJIT BISWAS
Kausik Majumdar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. review application context (Para 1 , 2) |
| 2. arguments for writ petition maintainability (Para 3 , 4 , 5 , 6 , 7) |
| 3. opposition to review maintainability (Para 8 , 9) |
| 4. initial consideration of maintainability (Para 10 , 15) |
| 5. decisions about maintainability by courts (Para 11 , 12 , 13 , 14) |
| 6. review jurisdiction limitations (Para 16 , 17 , 18) |
| 7. supreme court's liberty grant (Para 19) |
| 8. impact of known facts on review (Para 20 , 21) |
| 9. limits of review versus appeal (Para 22 , 23) |
| 10. parity claim's insufficiency for review (Para 24 , 25) |
| 11. conclusion and order on review (Para 26 , 27 , 28) |
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellant has applied for review of the judgement and order dated December 23, 2024 passed by the Coordinate Bench in MAT 490 of 2024 with CAN 1 of 2024.
2. Review proceedings have been specially assigned to this Bench in view of the fact that, one of the Hon’ble Judges of the Coordinate Bench is no longer available in this Court.
3. Learned senior advocate appearing for the review applicant has submitted that, a writ petition challenging the dismissal of the appellant was filed before this Hon’ble Court. In such writ petition, the learned single judge
The court reaffirmed that a review petition cannot substitute for an appeal and must strictly address clear errors without reevaluating merits or facts.
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....
The main legal point established in the judgment is that a service dispute involving a private educational institution and its employee is not amenable to challenge under Article 226 of the Constitut....
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.
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 an employment dispute between an employee and a private unaided school, arising out of a private contract, does not involve a public law eleme....
Teachers in unaided institutions discharging public duties are amenable to writ jurisdiction, despite being contractual employees, and review cannot be based on merits alone.
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....
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