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
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application is maintainable against a purely unaided educational
institution performing public functions.