Private unaided colleges, by providing educational opportunities, perform public duty, making them amenable to Article 226 of the Constitution of India. The distinction between teaching and non-teaching staff is not relevant when applying Article 226.

"Whether writ remedy is available for a dismissed non-teaching staff of a private unaided college?" is the question which has arisen for consideration.

2. The petitioners are dismissed non-teaching staff from the respondent College. Admittedly, the respondent college is an unaided college run by a private trust. All the petitioners were dismissed from service with effect from 21.4.2008. The said dismissal orders are under challenge in these Writ Petitions.

3. At the outset, the learned counsel appearing for the respondent would make a preliminary objection regarding the maintainability of these writ petitions. According to her, since the respondent College is a private college, which does not get any aid from the Government, and since the petitioners are not performing any public duty in the College, the writ petitions are not maintainable against the College. She would further submit that the remedy available for the petitioners lies elsewhere and not under Article 226 of the Constitution of India.

4. But the learned counsel for the petitioner would resist the said objection. He would submit that though it is true that the respondent College is an unaided private college, still there is an element of performance of public duty by the college, it is amenable to Article 226 of the Constitution of India. He would rely on a judgment of the Hon'ble Supreme Court in AIR 1998 SC 295 : (1997) 3 SCC 571 : 2001-III-LLJ-145The learned counsel appearing for the respondent would, however, rely on an earlier judgment of the Hon'ble Supreme Court in AIR 1989 SC 1607 : (1989) 2 SCC 691 : 1989-II-LLJ-324, to say that the respondent College is not amenable to Article 226 of the Constitution of India. She would further submit that the judgment relied on by the petitioner in K. Krishnamacharyulu v. Sri Venkateswara Hindu College of Engineering (supra) case does not help the petitioner in any manner. She would try to distinguish the said judgment by pointing out that a Writ petition relating to a teaching staff can be maintained under Article 226 of the Constitution of India, since the nature of job of the teaching staff is a public function, whereas the non-teaching staff are not doing any such public function and, therefore, the said judgment is not applicable to the facts of the present case.

5. I have considered the rival submissions.

6. In Andi Mukta S.M.V.S.S.J.M.S. Trust v. V.R. Rudani (supra) case, the Hon'ble Supreme Court has held as follows:

"Article 226 confers wide powers on the High Courts to issue writs in the nature of prerogative writs. This is a striking departure from the English law. Under Article 226, writs can be issued to "any person or authority." The term "authority" used in the context, must receive a liberal meaning unlike the term in Article 12 which is relevant only for the purpose of enforcement of fundamental rights under Article 32. Article 226 confers power on the High Courts to issue writs for enforcement of the fundamental rights as well as non-fundamental rights. The words "any person or authority" used in Article 226 are, therefore, not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must be judged in the light of positive obligation owned by the person or authority to the affected party, no matter by what means the duty is imposed. If a positive obligation exists mandamus cannot be denied."

(emphasis supplied)

7. A reading of the entire judgment of the Hon'ble Supreme Court in the above case, more particularly, the portion extracted above would make one to understand that the power of judicial review under Article 226 can be extended even against any body provided, the said body performs public duty.

8. Now, the question is whether a private unaided College performs such a public duty or n