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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAVEER BHATNAGAR
Atal Khandelwal, S/o. Shri R.C. Khandelwal – Appellant
Versus
Institute Of Health Management Research, Through Its Secretary – Respondent
JUDGMENT :
PRAVEER BHATNAGAR, J.
1. The petitioner has approached this Court, assailing the order dated 19.07.2008, whereby his services have been terminated and prayed for reinstatement of his services with all consequential benefits.
2. A preliminary objection has been raised as to the maintainability of the present writ petition. The said issue, being foundational, must be considered at the threshold.
3. Learned counsel for the petitioner submits that respondent No.1-Indian Institute of Health Management Research, is an institution working in the field of public health management and policy support and therefore, discharges public function. It is contended that once an institution is shown to be performing a public function, it would qualify as ‘other authority’ within the realm of Article 12 and would be amenable to writ jurisdiction.
4. It is further submitted that where such an institution, while discharging public functions, violates fundamental or other legal rights, a writ petition under Article 226 would be maintainable. The scope of writ jurisdiction under Article 226 is much wider than it is under Article 32, as the High Court is empowered to issue writs to ‘any person or au
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 main legal point established in the judgment is the criteria for determining whether an entity falls within the purview of Article 12 of the Constitution of India, emphasizing the importance of p....
Point of law : Remedy under Article 226 of the Constitution of India would be available against an authority or a person only when twin tests are satisfied. The authority or the person should not onl....
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.
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.
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