JUDGMENT :

Munishwar Nath Bhandari, J.

1. Learned Single Judge has referred following questions to the Larger Bench finding conflicting judgments on the issue :

“(i) Whether the element of public function and public duty inherent in the enterprise that an educational institution undertakes, conditions of service of teachers, whose functions are a sine qua non to the discharge of that public function or duty, can be regarded as governed by the private law of contract and with no remedy available under Article 226 of the Constitution?

(ii) Whether the decision in Rajesh Kumar Srivastava and others versus State of U.P. and others, 2020 (2) AWC 1693 is in teeth of the holding of the Full Bench in Roychan Abraham versus State of U.P. and others, (2019) SCC OnLine All 3935?”

2. The questions have been referred after detailed consideration of the earlier judgments on the issue. The judgment in the case of M.K. Gandhi and others versus Director of Education (Secondary) U.P. and others, 2005 (3) ESC 2265 (Alld) (FB) affirmed by the Apex Court in the case of Committee of Management, Delhi Public School and another versus M.K. Gandhi and others, (2015) 17 SCC 353 has also been considered.

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