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IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Timothy Hnamte S/o Lalthangliana Hnamte – Appellant
Versus
Institute of Chartered Financial Analyst of India University, Mizoram – Respondent
J UDGMENT
Heard Mr. A.R. Malhotra, learned Counsel appearing for the appellant. Also heard Mr. Joseph L. Renthlei, learned counsel appearing for the respondents.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the order dated 30.07.2019, whereby the services of the petitioner was relieved w.e.f. 31.07.2019.
3. The facts of the instant case are as follows:-
The petitioner pursuant to an advertisement issued by the respondent i.e. the Institute of Chartered Financial Analyst of India University, Mizoram (hereinafter referred to as the “ICFAI University”), applied to the post of teacher. Thereafter the petitioner appeared in the interview held by the ICFAI University and after being selected the ICFAI University by letter dated 17.10.2008 informed the petitioner that he has been selected to the post of Faculty Associate. Pursuant to the aforesaid letter on 29.10.2008 the petitioner was appointed to the post of Faculty Associate on contract basis which was subsequently renewed on 18.05.2009. However, the ICFAI University by order dated 30.07.2019 terminated the employment contrac
Writ petitions under Article 226 are not maintainable against bodies not classified as 'State' under Article 12, particularly for private contractual employment terminations.
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 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 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....
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