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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Kausik Majumdar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The instant appeal arises from a judgment dated 23.02.2024 passed by the Single Bench in WPA 16573 of 2019 by which the writ petition filed by the appellant was dismissed as not maintainable.
2. Admittedly, the appellant was employed as an office assistant in W.W.A, Cossipore English School, the Respondent no. 2 herein, in the year 1992. Subsequently, the appellant was brought in a teaching faculty as a computer teacher and the service was terminated on October 29, 2018. The reason for termination was founded upon an allegation of committing a sexual harassment. The writ petition was filed challenging the said order of termination on the premise of violation of a principle of natural justice with the consequential relief of reinstatement in service and release of the arrear salary and all financial benefits attached to the said post.
3. On the conspectus of the aforesaid facts, a preliminary objection was raised by the Respondent no. 2 that the same is not maintainable as the Respondent no. 2 being an unaided private school is not amenable to writ jurisdiction as the action was taken under the realm of a private law and there is a complete lack of public
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....
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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 a service dispute involving a private educational institution and its employee is not amenable to challenge under Article 226 of the Constitut....
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....
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