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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Arup Kumar Bhaumik – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. The present reference has arisen out of the judgment and order dated February 16, 2024 passed in WPA 5633 of 2020.
2. The issue that has fallen for consideration in this reference is whether, the writ petition against RCC Institute of Information Technology, is maintainable or not? In deciding such issue we have to decide as to whether RCC Institute of Information Technology is a State within the meaning of Article 12 of the Constitution of India or the service conditions of the writ petitioner was regulated by statutory provisions or the action complained of has public law elements involved or not.
3. Writ petitioner had filed a writ petition against the respondent herein claiming various reliefs with regard to his employment with the educational institution. In course of hearing of such writ petition, learned Single Judge by the judgment and order dated February 16, 2024 had noticed two earlier decisions of co- ordinate Benches namely, the judgment and order dated November 13, 2019 passed in WP No. 13874 (W) of 2016 (Dr. Gautam Pal vs. State of West Bengal and Ors.) and the judgment and order dated August 16, 2013 passed in WPA 547 of 2020 (RCCIIT Sta
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....
Writ petition against a non-governmental institution is not maintainable as it does not amount to 'State' under Article 12 of the Constitution of India due to lack of state control or funding.
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....
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 judgment established that a writ petition for enforcement of a contract of service is not maintainable if the services are not controlled or regulated under any statute.
Army Public Schools, managed by a registered society, do not qualify as 'State' under Article 12 of the Constitution, rendering writ petitions under Article 226 not maintainable.
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