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VIJAY KUMAR SHUKLA
Vikram Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's order of superannuation challenged. (Para 1) |
| 2. arguments regarding maintainability of petition. (Para 2 , 3 , 4) |
| 3. judicial observations on private institutions' duties. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. writ petition against private company held not maintainable. (Para 11) |
| 5. petition dismissed as not maintainable. (Para 12) |
ORDER
1. The petitioner has challenged the order dated 1.11.2024 issued by respondent No.4 whereby the petitioner has been directed to be superannuated at the age of 58 years with effect from 31.1.2025.
2. Counsel for State raises preliminary objection that the petition is not maintainable under Article 226 of the Constitution of India against the respondent No.4 which is a private company. The petitioner was a Workman and is challenging his superannuation.
3. Counsel for petitioner submits that the respondent No.4 is controlled by the respondent No.1 and since the fundamental right of the petitioner regarding 'livelihood' is violated, therefore, writ petition is maintainable under; Article 226 of the Constitution of India. In support of his submission he has placed reliance on a judgment passed by the apex Court in the case of Kaushal
Writ petitions against private companies are not maintainable under Article 226 if no public duty is discharged and violations pertain solely to private law.
The main legal point established in the judgment is that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
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....
AICTE regulations mandating a retirement age of 65 for faculty are statutory and binding on all institutions, including private ones.
Point of law : There is no compulsion to accept or adopt the UGC scheme which enhanced the age of superannuation from 62 to 65 years.
Termination by a private company without inquiry or hearing is not maintainable under Article 226 since the employment relationship is contractual, not public law.
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