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2008 Supreme(Mad) 4115

S.NAGAMUTHU
S. Sendhilkumar – Appellant
Versus
Shri Angalamman College of Engineering and Technology represented by its Principal, Siruganoor, Lalgudi Taluk, Tiruchirappalli 621 105, Tiruchirappalli District – Respondent


Advocates appeared:
G.R. Swaminathan, for Petitioners
Ms. Anandhavalli, for Respondent

ORDER

"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






















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