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S. A. DHARMADHIKARI, PRAKASH CHANDRA GUPTA
Laurels School International – Appellant
Versus
Union of India – Respondent
ORDER
Heard finally with the consent of both the parties.
1. The present writ appeal under section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dated 28.10.2022 passed by the learned Single Judge in W.P. No. 11165/2021 whereby the learned Single Judge has rejected the preliminary objection with regard to maintainability of the writ petition against private unaided minority educational institution and held that the writ petition is maintainable against the private unaided institutions.
2. Brief facts of the case are that the appellant/respondent (respondent in writ petition) is a private unaided minority educational institution imparting education to students in Indore and does not receive any grant either directly or indirectly, from the Government. The appellant is affiliated to Council for the Indian School Certificate Examinations(for short 'CISCE' hereinafter) Thus, appellant is a private institution and is solely dependent on the fees which is received from the parents for day to day functioning including salary of its teaching and non-teaching staff.
3. The respondents herein had filed a writ petition
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 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....
Writ jurisdiction does not extend to private institutions unless they perform public functions; employment disputes in such institutions are governed by private contracts.
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....
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