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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Sankara Education Society, through: its Secretary, Shri S. Swaminathan Iyer – Appellant
Versus
Ku. Veena Pal, D/o Shri A. K. Pal – Respondent
JUDGMENT ON BOARD :
Sanjay K. Agrawal, J.
1. The present Writ Appeal preferred by the Appellant – Sri Sankara Education Society is directed against the Order dated 8.8.2022 whereby the learned Single Judge has disposed of W.P.(S) No.6540 of 2010 filed by Respondent No.1 – Ku. Veena Pal holding it to be maintainable against the Appellant Society, which is a private unaided educational institution, and further directing the Appellant Society to pay all the monetary benefits in respect of revised pay scale and other dues payable to Respondent No.1.
2. The short question that arises for our consideration in this Writ Appeal is as under:-
3. The above-stated question of law arises out of the following factual backdrop of the case:-
The main legal point established in the judgment is that a writ petition would not be maintainable against a private unaided educational institution in a service dispute if the institution is not gov....
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 Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
Employees of private educational institutions cannot invoke Article 226 for service disputes unless governed by statutory provisions, as established in St. Mary’s Education Society case.
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 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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