IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN th ON THE 8 OF JULY, 2024 WRIT PETITION No. 15814 of 2024 DR. LATA OMPRAKASH MAHATO Versus SHRI SATYA SAI UNIVERSITY OF TECHNOLOGY AND MEDICAL SCIENCE AND OTHERS Appearance:

Shri Prateek Jain - Advocate for the petitioner.

Shri Naveen Dubey - Government Advocate for the respondent-State.

ORDER

The present petition has been filed in the matter of unpaid dues to the petitioner who was working on the post of Dean in respondent No.1, which is a Private Medical University wherein the petitioner was appointed on 28.12.2023 and resigned on 23.3.2024, which was accepted w.e.f. 25.4.2024. The grievance of the petitioner is that there are some unpaid dues payable to her that have been denied by the respondent No.1 and her experience certificate is also withheld.

2. It is admitted by learned counsel for the petitioner during the course of hearing that the respondent No.1 is a totally private University, not receiving any grant in aid from the State or the Union Government.

3. When faced with the query of the Court as to maintainability of the petition, specially when the respondent No.1 is not an authority under Article 12 of the Constitution, and the matter of payment of salary dues to an employee not involving any public law element, the learned counsel for the petitioner has contended that the University is subjected to regulatory control by the State authorities and also that in terms of the judgement of the Hon’ble Supreme Signature Not Verified Signed by: ARVIND KUMAR Court in the case of Marwari Balika Vidyalava Vs. Asha Srivastava & Orthers reported in 2020 (14) SCC 449 and in case of Ramesh Ahluwalia Vs. State of Punjab and others reported in 2012 (12) SCC 331, the writ petition is maintainable even by teacher of a totally private unaided educational institution.

4. Heard.

5. The respondnet No.1 is undisputedly an unaided University and the dispute in the present matter relates to release of salary dues and experience certificate to the petitioner who has resigned. The matter of resignation and salary dues does not relate to any public activity or any public law element.

6. The learned counsel for the petitioner had referred to the aspect that the University has been established under M.P. Niji Vishwavidyalaya (Sthapana Evam Sanchalan) Adhiniyam 2007 and the statues framed thereunder. The statutes framed by the State Government and annexed to the present petition were also relied to state that the service conditions have been framed by the State.

7. Upon perusal of scheme of the Act of 2007, it is apparent that the State will formulate the first statutes of a private University as per section 26 (1) in relation to certain matters. However, upon perusal of these statutes, it does not appear that any power has been vested in any authority of the State in the matter of appointment, termination, resignation, etc. There is no contention in the petition regarding violation of any provision of the statutes or of the Act of 2007, or violation of any statutory act, rule or regulation. The petition is purely in the realm of contractual relationship between the petitioner and the respondent No.1.

8. Recently, the Hon’ble Apex Court had the occasion to consider the Signature Not Verified Signed by: ARVIND KUMAR entire law on the subject including the judgements relied by the petitioner. The judgement in case of Ramesh Ahluwalia (supra) has been declared per incuriam by the Hon’ble Supreme Court and the judgement in case of Marwari Balika Vidyalaya (supra) has been distinguished. The Hon’ble Supreme Court in the case of St. Mary's Education Society v. Rajendra Prasad Bhargava &

others reported in 2023 (4) SCC 498 has held as under :-

"61. In Marwari Balika Vidyalaya [Marwari Balika Vidyalaya v. Asha Srivastava, (2020) 14 SCC 449 : (2021) 1 SCC (L&S) 854] , this Court followed Ramesh Ahluwalia [Ramesh Ahluwalia v. State of Punjab, (2012)

12 SCC 331 : (2013) 3 SCC (L&S) 4