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1 - 10 of 21 (0.28 seconds)Article 12 in Constitution of India [Constitution]
C/M. St. John Inter College vs Girdhari Singh & Ors on 30 March, 2001
In light of St. John Inter College (Supra), the provisions of Section 16 G (3) of the U. P. Intermediate Education Act are not applicable to the teachers employed in private minority institutions. There is no other Statutory provision, which is alleged to have been violated in the instant case. Therefore, we find ourselves in agreement with the view taken by the Hon'ble Single Judge that the Writ Petition filed by a former teacher against the private unaided minority institution challenging the order of his termination and seeking restitution of his service, is not maintainable.
Committee Of Management, La Martiniere ... vs Vatsal Gupta . on 26 July, 2016
23- In Committee of Management, La Martinere College, Lucknow v. Vatsal Gupta & Ors., Civil Appeal No. 7030 of 2016 decided on 26.07.2016, the Hon'ble Supreme Court declined to interfere in a judgment passed by this Court declining to entertain the writ petition filed against unaided minority private institution and held that: -
The Societies Registration Act, 1860
Marwari Balika Vidyalaya vs Asha Srivastava on 14 February, 2019
20- In Marwari Balika Vidyalaya v. Asha Srivastava, (2020) 14 SCC 449, the Hon'ble Supreme Court held that a writ application is maintainable even as against the private unaided educational institutions.
Satimbla Sharma & Ors vs St.Paul Sr.Secondary School & Ors on 11 August, 2011
21- In Satimbla Sharma v. St Paul's Senior Secondary School, (2011) 13 SCC 760 the Hon'ble Supreme Court held that: -
Abu Zaid (Minor) And Another vs Principal, Madrasa-Tul-Islah ... on 28 July, 1998
16- Abu Zaid and Ors. vs. Principal, Madrasa-Tul-Islah Saraimir, Azamgarh and Ors. AIR 1999 All 64, was a petition filed by the students who had been debarred from taking up their studies in the institution on account of their involvement in a criminal case and it was also not a case in which the legality of order of termination of services of a minority institution was in issue. It was submitted before the Court that "The respondents have illegally and without affording any opportunity of hearing or of showing cause, prevented them from attending their classes though no specific orders have been passed. The petitioners have, of necessity, to file the present writ petition as the respondents are bent upon to deprive the petitioners from their lawful right to continue their studies In the respondent-institution". While deciding the Writ Petition, the Single Bench held that: -
Anandi Mukta Sadguru Shree Mukta ... vs V.R. Rudani & Ors on 21 April, 1989
13- In Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691, the teachers of a private institution had filed a Writ Petition claiming payment of their dues upon termination of their services consequent to closure of the institution. The Hon'ble Supreme Court proceeded to decide the questions involved after noting that: -
St. Marys Education Society vs Rajendra Prasad Bhargava on 24 August, 2022
27- From a reading of the aforesaid judgments, the law as summarized in St. Mary's (Supra) is that the employees of a private educational institution would not have the right to invoke the powers of the High Court conferred by Article 226 in respect of matters relating to service where they are not governed or controlled by the statutory provisions.