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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Nirmala College – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. nature of intra-court appeal (Para 1 , 2 , 3) |
| 2. factual background of writ petition (Para 7 , 8 , 9 , 10) |
| 3. arguments on maintainability (Para 12 , 18 , 21 , 22) |
| 4. arguments supporting maintainability (Para 26 , 30 , 32) |
| 5. court's analysis and determination of status (Para 36 , 37 , 38 , 39 , 41 , 82 , 84) |
| 6. findings on article 12 applicability (Para 81 , 86) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer
1. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been preferred for quashing and setting aside order dated 04.10.2024 passed by learned Single Judge in W.P. (S) No. 5791 of 2022 whereby and whereunder the preliminary objection raised by the appellant-Nirmala College [respondent no. 3 in the writ petition] has been rejected by holding the writ petition to be maintainable.
2. This Court, before entering into the issue on fact, needs to refer herein that the office had pointed out the issue of maintainability of the instant intra-court appeal on the ground that the instant appeal has been filed against order dated 04.10.2024 passed in W.P. (S) No. 5791 of 2022, from perusal of which it transpires that the writ petition is still pending, as such
Educational institutions receiving state assistance fall under the definition of 'State' in Article 12, making them subject to judicial review under Article 226.
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 judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
Christ College, Cuttack is recognized as a minority educational institution under the Odisha Education Act, 1969, and related state communications attempting oversight of its management were quashed.
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.
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....
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