IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Nirmala College – Appellant
Versus
State of Jharkhand – Respondent
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 in view order dated05.07.2010 passed in L.P.A. No. 195 of 2010, the instant intra-court is not maintainable.
3. This Court, therefore, first heard the matter of maintainability of the instant intra-court appeal and after having heard learned counsel for the parties had decided the ‘issue of maintainability’ of the instant intra-court appeal vide order dated 19th December, 2024 a

St. Mary’s Education Society & Ors v. Rajendra Prasad Bhargava & Ors.
Marwari Balika Vidyalaya v. Asha Srivastava & Ors.
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....
The court affirmed that writ jurisdiction under Article 226 is not maintainable when an alternative statutory remedy exists, particularly in private employment disputes.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.