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Marwari Balika Vidyalaya vs Asha Srivastava . And Ors. on 3 November, 2017

5. The pivotal issue that needs to be addressed in the first instance in the matter is the preliminary/ maiden objection raised by counsel for respondent qua the maintainability of the writ petition. The aforesaid issue, however, is no more res-integra in view of law laid down by Apex Court reported in Marwari Balika Vidyalaya Vs. Asha Srivastava and Ors., reported in 2019 (4) SCALE (600), wherein the Hon'ble Supreme Court based upon (2012) SCC 331 titled as Ramesh Ahluwalia Vs. state of Punjab and Others as also Raj Kumar Vs. Director School Education and Ors, reported in (2016 (6) SCC 541) has held that writ Page 4 of 7 WP (C ) No. 971/2020 application is maintainable against a purely unaided educational institution performing public functions.
Supreme Court - Daily Orders Cites 0 - Cited by 34 - Full Document

Trigun Chand Thakur vs State Of Bihar on 9 July, 2019

For all what emerges from the perusal of above provisions and the prepositions and principles enunciated by the Hon'ble Supreme Court in the judgement (supra) is that the respondent- school even though an unaided private educational institution yet its establishment, running and functioning is regulated by and under the provisions of the aforesaid Act and the Rules. The preliminary objection (supra) raised by the respondents regarding maintainability of the writ petition therefore is not legally tenable and Trigund Chand Thakur Vs. State of Bihar and others (2019 (7) SCC 513) relied upon by the counsel for Page 5 of 7 WP (C ) No. 971/2020 respondents does not lend any support to the case of the respondents. Thus writ petition is held maintainable.
Supreme Court of India Cites 2 - Cited by 50 - R Banumathi - Full Document

Raj Kumar vs Director General School Education & ... on 28 March, 2012

5. The pivotal issue that needs to be addressed in the first instance in the matter is the preliminary/ maiden objection raised by counsel for respondent qua the maintainability of the writ petition. The aforesaid issue, however, is no more res-integra in view of law laid down by Apex Court reported in Marwari Balika Vidyalaya Vs. Asha Srivastava and Ors., reported in 2019 (4) SCALE (600), wherein the Hon'ble Supreme Court based upon (2012) SCC 331 titled as Ramesh Ahluwalia Vs. state of Punjab and Others as also Raj Kumar Vs. Director School Education and Ors, reported in (2016 (6) SCC 541) has held that writ Page 4 of 7 WP (C ) No. 971/2020 application is maintainable against a purely unaided educational institution performing public functions.
Punjab-Haryana High Court Cites 1 - Cited by 1 - S Kant - Full Document
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