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1 - 10 of 12 (0.63 seconds)Ramesh Ahluwalia vs State Of Punjab & Ors on 13 September, 2012
The
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judgment in Ramesh Ahluwalia's case (supra) has been held to be
per incuriam in St. Mary's case (supra).
St. Marys Education Society vs Rajendra Prasad Bhargava on 24 August, 2022
17. Thus, the legal position that emerges is that unless there
is involvement of public law element, writ to enforce private service
contracts between employees and managements of private unaided
educational institutions cannot be issued. For determination of
involvement of such public law element, the private service contracts
need be under some control of the government backed by legislation,
rules/regulations or at least executive instructions or the act
complained of must have a direct nexus with the discharge of public
duty. As considered and held in St. Mary's case (supra), merely
because the private unaided educational institutions have affiliation
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from CBSE or any other instrumentality of the State, cannot be the
determining factor of involvement of public law element.
Article 12 in Constitution of India [Constitution]
K. Krishnamacharayulu & Ors vs Sri Venkateswara Hindu College Of ... on 21 February, 1997
12. Even after analyzing the contentions of the petitioners in
the backdrop of judgments cited by them, we have not been able to
concur with the petitioners. The judgment in K. Krishnamacharyulu
and Ors. Vs. Sri Venkateswara Hindu College of Engineering and
Anr. (1997) 3 SCC 571, will not help cause of Writ petitioners for the
reason that in the facts of said case admittedly there was an interest
created by the government in an institution to impart education by
issuance of directives to pay them the same scale as was available to
the government employees and thus, in this context it was held that
the teachers got an element of public interest in the performance of
their duties.
Marwari Balika Vidyalaya vs Asha Srivastava on 14 February, 2019
It has been clearly
held that in Marwari Balika Vidyalaya's case (supra), the removal
of teacher from service was subject to approval of State and hence
the involvement of public law element was held to exist.
T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors (With Other ... on 31 October, 2002
In T.M.A Pai Foundation and Ors. Vs. State of
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Karnataka and Ors. (2002) 8 SCC 481 also there is no mandate of
law supporting the writ petitioners, rather in para-64 of the judgment
.
Article 16 in Constitution of India [Constitution]
Executive Committee Of Vaish Degree ... vs Lakshmi Narain And Ors on 12 December, 1975
judgment dt. 22.07.2019, passed by learned Single Judge of this Court
in CWP Nos. 3586 of 2015 and CWP No. 2858 of 2016 included in a
bunch matter, whereby the question of maintainability of Civil Writ
Petitions against the management of private unaided educational
institutions to enforce contracts of service has been negated. While
holding so, learned Single Judge has taken into notice the judgments
passed by Hon'ble Supreme Court in Executive Committee of Vaish
Degree College, Shamli and Ors. Vs. Lakshmi Narain and Ors.,
(1976) 2 SCC 58, S.S. Rana Vs. Registrar, Coop. Societies and Anr.
Sushmita Basu & Ors vs Ballygunge Siksha Samity & Ors on 22 September, 2006
(2006) 11 SCC 634, ApolloTyres Limited Vs. C.P. Sebastian (2009)
14 SCC 360, Committee of Management, Delhi Public School and
Anr. Vs. M.K. Gandhi and Ors. (2015) 17 SCC 353, Sushmita Basu
and Ors. Vs. Ballygunge Siksha Samity and Ors. (2006) 7 SCC 680
and K.K. Saksena Vs. International Commission on Irrigation and
Drainage and Ors. (2015) 4 SCC 670.