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ACHINTYA MALLA BUJOR BARUA
Mridula Konwar Hazarika, W/o. Hamilton Hazarika – Appellant
Versus
Director of Secondary Education Assam – Respondent
JUDGMENT :
Heard Mr. S Borthakur, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the respondents in the Secondary Education Department, Government of Assam as well as Mr. A Dhar, learned counsel for the authorities under the Montfort School, Chabua.
2. The petitioner is a teacher in the Montfort High School at Chabua in the Dibrugarh district and is aggrieved by a communication dated 04.04.2022 from the authorities in the Montfort High School by which the petitioner was discontinued as a teacher of the school concerned. In the communication dated 04.04.2022 certain reasons thereof have been stated as to why the petitioner has been discontinued. When the writ petition was moved on 13.05.2022, the petitioner took a stand that although the Montfort High School is a privately managed high school, but they are governed by the provisions of Assam Non-Government Educational Institution (Regulation and Management) Act, 2006 (for short, the Act of 2006). Accordingly, in the order dated 13.05.2022 in WP(C) No.3111/2022 it was taken note that although three reasons have been stated in the communication dated 04.04.2022 and the communication also refers to cert
The main legal point established is that while a private school may discharge public duties, specific actions such as discontinuation of services, governed by ordinary contracts of service and not st....
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....
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 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....
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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