NDLI: St. Mary’s Education Society & Anr. Vs. Rajendra Prasad Bhargava & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	44 49 and 51 Constitution of India – Art. 226 – CBSE Affiliation Bye laws 1 2 46 26 27 23(xi) 25(xii)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India – Art. 226 – CBSE Affiliation Bye laws 1, 2, 23(xi), 25(xii), 26, 27, 44, 46, 49 and 51 – Writ petition – Maintainability of – Appellant no.1-Society runs a private unaided minority educational institution – The respondent no.1 was an employee of appellant – The appellant issued a show cause noticecum-suspension order to the respondent for various alleged misconduct in service – After the departmental enquiry, the respondent’s services were terminated – The respondent challenged the termination order before the Disciplinary Committee constituted by the appellant but the appeal was dismissed – The respondent then filed a writ petition under Article 226 of the Constitution of India seeking to set aside the Disciplinary Committee’s order and the termination order – The appellants raised a preliminary objection on the maintainability of the writ petition – Single Judge of High Court rejected the writ application as not being maintainable – On appeal, the Division bench of High Court set aside the judgment of the Single Judge and held writ petition maintainable – On appeal, held: The power of judicial review under Article 226 of the Constitution of India can be exercised by the High Court even if the body against which an action is sought is not a state or an authority or an instrumentality of the state, but there must be a public element in the action complained of – Further held, an application u/Art. 226 of the Constitution is maintainable against a person or body discharging public duties or functions –However, for an educational institution to be subject to judicial review, the act complained of must have a direct nexus with the discharge of public duty – Furthermore, employees of such institutions cannot invoke Article 226 in matters relating to service if they are not governed by statutory provisions – A writ petition under Article 226 cannot be invoked for individual wrongs or breach of mutual contracts without a public law element - In the case at hand, the action challenged had no public element, and a writ of mandamus cannot be issued as the action was essentially of a private character – Writ application rejected on the ground of maintainability – Order passed by Division Bench of High court set aside.
Judge	Hon'ble Mr. Justice J.B. Pardiwala
Neutral Citation	2022 INSC 856
Petitioner	St. Mary’s Education Society & Anr.
Respondent	Rajendra Prasad Bhargava & Ors.
SCR	[2022] 8 S.C.R. 301
Judgement Date	2022-08-24
Case Number	5789

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

St. Mary’s Education Society & Anr. Vs. Rajendra Prasad Bhargava & Ors.

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