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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA
Bhawana Pant – Appellant
Versus
Indian Air Force Educational and Cultural Society – Respondent
| Table of Content |
|---|
| 1. petition challenges reversion of post. (Para 1) |
| 2. maintainability challenged due to private entity status. (Para 2) |
| 3. petitioner argues public law element exists. (Para 3) |
| 4. court assesses maintainability based on control and funding. (Para 4 , 5) |
| 5. ratio on public duty and writ jurisdiction outlined. (Para 6 , 7 , 8) |
| 6. institution not under government's control or funding. (Para 9 , 10 , 11 , 12 , 13) |
| 7. writ petition dismissed due to lack of maintainability. (Para 14) |
ORDER :
1. Challenge in the present petition is made to an order dated 27.08.2024 (Annexure P/8) passed by the respondent No.3 whereby the petitioner has been reverted to the lower post of Regular Primary Teacher from the post of Headmistress at Air Force School, Amla.
2. Learned counsel appearing for the respondents has raised a preliminary objection with respect to maintainability of the writ petition pointing out the fact that all the Air Force Schools are non-governmental non-profit making welfare institutions registered and administered under the aegis of the Society i.e. the Indian Air Force Educational and Cultural Society. They are neither controlled by the Central Government nor the Central G
Writ petition against a non-governmental institution is not maintainable as it does not amount to 'State' under Article 12 of the Constitution of India due to lack of state control or funding.
Air Force Schools, being under the control of the IAF, are deemed 'State' under Article 12, allowing for writ jurisdiction under Article 226.
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....
Army Public Schools, managed by a registered society, do not qualify as 'State' under Article 12 of the Constitution, rendering writ petitions under Article 226 not maintainable.
The judgment established that a writ petition for enforcement of a contract of service is not maintainable if the services are not controlled or regulated under any statute.
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.
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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