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2025 Supreme(Online)(Mad) 67104
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Kumarappan, J
Dr.MS.T.Mohanashree – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.Nos.15910, 18109, 20193 of 2025 and Rev.Aplw.No.178 of 2025
For the Appellants/Petitioners: Mr.R.Abdul Mubeen for Mr.G.Ethirajulu
For the Respondents: Mr.C.Jayaprakash, Mr.D.Ravichaner, Mr.G.Sankaran, Ms.V.Sudha, Mr.V.Kuberan
Writ petitions regarding disciplinary actions in private educational institutions are not maintainable as such disputes involve personal service contracts without public law elements.
Headnote:(A) Constitution of India - Article 226 - Disciplinary action - Maintainability of writ petition against private educational institutions - While a private entity may perform public duty, an employee cannot enforce personal service contracts through writ jurisdiction - Relevant considerations involve evidence of public law elements. (Paras 11, 20)
(B) Educational Institution - Nature of services provided - The case clarifies that service disputes of employees in a private educational institution, despite involving public duties, cannot invoke writ jurisdiction if purely contractual. (Paras 17, 20)
Facts of the case:
The petitioner has challenged various disciplinary actions taken against her, claiming violations of natural justice and mala fide actions while respondents argue against maintainability of writ petitions on grounds of private service disputes.
Findings of Court:
The court held that disciplinary actions are purely contractual and do not involve a public cause, fitting within the private contract domain. Thus, the writ petitions were dismissed on the basis of the nature of service contracts.
Issues: Whether a writ petition is maintainable against a private educational institution concerning service disputes, specifically with respect to public law elements.
Ratio Decidendi: The court underscored that personal service contracts cannot be enforced through writs, reaffirming distinct rights concerning public duties and private contractual relations.
Result: Writ Petitions are dismissed.
| Table of Content |
|---|
| 1. disciplinary actions against the petitioner initiated by an educational institution. (Para 2 , 3 , 4) |
| 2. arguments focused on the maintainability of writ petitions due to contractual nature. (Para 5 , 6 , 11) |
| 3. court's observation on maintainability and public duty nexus. (Para 12 , 13 , 20) |
| 4. final ruling on the dismissal of the writ petitions. (Para 21 , 22) |
C O M M O N O R D E R
All the above three writ petitions arising against the disciplinary action initiated against the petitioner, viz., Dr.MS.T.Mohanashree.
2. W.P.No.15910 of 2025 has been filed challenging the relieving order dated 04.02.2025 from the post of Principal.
3. W.P.No.18109 of 2025 has been filed challenging the show cause notices issued against the petitioner on 25.04.2025, 03.05.2025 and 07.05.2025.
4. W.P.No.20193 of 2025 has been filed challenging the suspension order dated 15.05.2025 and the enquiry notice dated 30.05.2025.
5. The brief facts, which are necessary for the effective disposal of the present writ petitions are that the fifth respondent college is affiliated with the University of Madras, and they are Linguistic (Telugu) Minority Institution. According to the petitioner, she is a distinguished academician with 26 years of service at the fifth respondent college. The petitioner has challenged the disciplinary proceedings on various grounds, such as violation of principles of natural justice, mala fide action, and based on other numerous grounds. However, the respondents contend that the present writ petitions are not maintainable against the private educational institution, as there are no public law elements involved in the lis.
6. From the submissions of either side, it becomes incumbent firstly to go into the maintainability of the writ petition, before we delve into the respective factual aspects.
7. In this regard, the learned counsel for the petitioner Mr.R.Abdul Mubeen would submit that the respondent educational institution is rendering educational services, which are nothing but service involving a public law element. Therefore, notwithstanding the fact that the petitioner has raised a service dispute against a private entity, since such an entity is rendering educational services that have a public law element, these writ petitions are maintainable. To substantiate the maintainability, the petitioner relies upon the following judgments:-
(i) Janet Jeyapaul Vs. SRM University, reported in (2015) 16 SCC 5301.
(ii) Rochan Abraham Vs. State of UP, reported in (2019 SCC ONLIne All 3935).
(iii) The Association of St.Christophers Vs. The Government of Tamil Nadu (W.P.Nos.9612 and 9620 of 2014 dated 18.07.2019).
(iv) C/M Pratibha Inter College Vs. State of U.P (Special Appeal No.115 of 2024 dated 03.07.2024).
(v) A.K.Kraipak and others Vs. Union of India and others reported in (1969) 2 SCC 262.
8. The learned Senior Counsel, Mr. G. Sankaran, appearing for the contesting respondents qua the fifth respondent college, would submit that, though the fifth respondent is a private entity rendering educational services qua public duty, unless the act alleged by the petitioner has a nexus with public duty, the petitioner cannot maintain the writ petitions.
9. Since the very foundation of these writ petitions, qua it's maintainability is under challenge, this Court does not want to delve into factual aspects at this juncture. To substantiate his contention, the Senior Counsel appearing relied upon the judgment of the Hon'ble Supreme Court of India in St. Mary's Education Society vs. Rajendra Prasad Bhargava, reported in (2023) 4 SCC 498.
10. I have given my anxious consideration to either side submissions.
11. It is not in dispute that the fifth respondent college is imparting education, which is nothing but service involving a public law element. Now, the issue to be considered is, since because the fifth respondent college, which is a private unaided linguistic (Telugu) minority educational institution, and having a duty that involves a public l
