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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Sanghamitra Saha W/o- Dr. Pratosh Paul – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and termination details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondent's contention against petitioner's claims. (Para 6 , 7) |
| 3. identification of main issues for determination. (Para 8 , 9 , 10 , 11 , 12) |
| 4. judgments on contractual nature and judicial review. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. scope of judicial review and alternative remedies. (Para 20 , 21 , 22) |
| 6. criteria for determining state body under article 12. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 7. court's rationale for upholding contract termination. (Para 29 , 30 , 31) |
| 8. conclusion on judicial review availability. (Para 32 , 33 , 34) |
| 9. dismissal of the writ petition with options for arbitration. (Para 35) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. GR Dutta, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Additional Advocate General, Assam for the Health Department, Mr. BD Chowdhury, learned counsel for the respondent no.3 and Mr. S. Sancheti, learned counsel for the respondent no.4.
2. The petitioner before this Court is a Medical Doctor by profession. She is a qualified Radiologist and had also undergone fellowship
Contractual termination upheld; judicial review permitted even with alternative remedies, but no malice found in termination process.
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
A multinational company cannot be classified as an 'instrumentality of the State' under Article 12 without pervasive control or public duty imposed by the State.
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
The court confirmed that contractual employment not involving State functionaries does not fall within the purview of Article 12, thus impacting the maintainability of writ petitions under Article 22....
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
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