ORDER

Indeed, this Court on 07.02.2023 had directed the petitioner to seek clarification from the Division Bench whether this petition is maintainable before this Court or not for the reason that this petition is basically against respondent No.4 which is a private society and it was informed to this Court that the Division Bench had dismissed the petition against the same Society holding that the petition is not maintainable.

2. Instead of seeking clarification from the Division Bench, an application (I.A.No.10209/2023) has been moved by the petitioner. Albeit, the petitioner relying on various decisions of the Supreme Court has made appendage the copies of those decisions to this application wherein the Supreme Court has dealt with this issue and held that the petition against the institution which performs public duty is maintainable.

3. Apparently, the Supreme Court in re St. Mary's Education Society and another v. Rajendra Prasad Bhargava and others (2023) 4 SCC 498 has considered the maintainability of writ petition against the private person or body only under the circumstance when issue raised in the petition relates to public duty/function/element and then only writ lies but writ against the said institution by the employee claiming his personal benefits is not maintainable. It is imperative to quote the observations of the Supreme Court hereinunder:- "68. Few relevant paragraphs of the said judgment are quoted as under for ready reference (Ramakrishna Mission case, SCC pp.

309-11 & 313, paras 17-22 & 25-26)

“17. The basic issue before this Court is whether the functions performed by the hospital are public functions, on the basis of which a writ of mandamus can lie under Article 226 of the Constitution.

18. The hospital is a branch of the Ramakrishna Mission and is subject to its control. The Mission was established by Swami Vivekanand, the foremost disciple of Shri Ramakrishna Paramhansa. Service to humanity is for the organisation co-equal with service to God as is reflected in the motto “Atmano Mokshartham Jagad Hitaya Cha”. The main object of the Ramakrishna Mission is to impart knowledge in and promote the study of Vedanta and its principles propounded by Shri. Ramakrishna Paramahansa and practically illustrated by his own life and of comparative theology in its widest form. Its objects include, inter alia to establish, maintain, carry on and assist schools, colleges, universities, research institutions, libraries, hospitals and take up development and general welfare activities for the benefit of the underprivileged /backward/tribal people of society without any discrimination. These activities are voluntary, charitable and non- profit making in nature. The activities undertaken by the Mission, a non-profit entity are not closely related to those performed by the State in its sovereign capacity nor do they partake of the nature of a public duty.

19. The Governing Body of the Mission is constituted by members of the Board of Trustees of Ramakrishna Math and is vested with the power and authority to manage the organisation. The properties and funds of the Mission and its management vest in the Governing Body. Any person can become a member of the Mission if elected by the Governing Body. Members on roll form the quorum of the annual general meetings. The Managing Committee comprises of members appointed by the Governing Body for managing the affairs of the Mission. Under the Memorandum of Association and Rules and Regulations of the Mission, there is no governmental control in the functioning, administration and day to day management of the Mission. The conditions of service of the employees of the hospital are governed by service rules which are framed by the Mission without the intervention of any governmental body.

20. In coming to the conclusion that the appellants fell within the description of an authority under Article 226, the High Court placed a considerable degree of reliance on the judgment of a two-Judge Ben