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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUSHRUT ARVIND DHARMADHIKARI, PRAKASH CHANDRA GUPTA
Laurels School International – Appellant
Versus
Union of India through Secretary, New Delhi – Respondent
1. Heard finally with the consent of both the parties. This review petition under Order 47 Rule 1 of CPC has been filed assailing the order dated 09.05.2023, passed in W.A. No. 1619/2022 whereby, the writ appeal has been dismissed.
2. Brief facts of the case are that the respondent Nos.2 to 17 had approached this Court by filing W.P. No.11165/2021 claiming the reliefs pertaining to the payment of salary by the respondent No.5/School.
3. The review petitioners had filed an application I.A. No.3412/2022 seeking dismissal of the writ petition on account of its maintainability as a preliminary objection on the ground that the respondent No.5/School is an unaided Educational Institution and the private respondents herein were employed in the aforesaid school on contractual basis only as teachers. In the application it was stated that the private respondents have claimed the reliefs pertaining to payment of salary which does not involve any sort of public functions on the part of review petitioners, therefore, the petition is not maintainable qua the review petitioners. The learned Single Judge overruled the objections with regard to the maintainability vide order dated 28.10.2022,
Teachers in unaided institutions discharging public duties are amenable to writ jurisdiction, despite being contractual employees, and review cannot be based on merits alone.
The main legal point established in the judgment is that an employment dispute between an employee and a private unaided school, arising out of a private contract, does not involve a public law eleme....
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.
Employees of private educational institutions cannot invoke Article 226 for service disputes unless governed by statutory provisions, as established in St. Mary’s Education Society case.
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....
The main legal point established in the judgment is that a service dispute involving a private educational institution and its employee is not amenable to challenge under Article 226 of the Constitut....
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 a writ petition would not be maintainable against a private unaided educational institution in a service dispute if the institution is not gov....
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....
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