Is a writ petition under Article 226 maintainable against a private matriculation school?
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
A writ petition under Article 226 is not maintainable against a private matriculation school.
No. A writ petition under Article 226 is not maintainable against a private matriculation school. Even where writ proceedings are not maintainable against a private institution, a suit would lie before the competent civil court, and any aggrieved person is at liberty to approach either the civil court having jurisdiction or the competent authority under the Code for redressal of his grievances.
Constitution of India — Art.226 — Tamil Nadu Private Schools (Regulation) Act, 2018 — Writ against a private body — Public function test — Retrenchment — Alternative remedy — Constitution of India — Art.226 — Private matriculation school — Maintainability — Held: A writ petition under Art.226 is not maintainable against a private matriculation school, the aggrieved person being at liberty to approach the civil court or the competent authority under the Code. (¶6, 8) Constitution of India — Art.226 — Public function test — Regulation is not a public duty — Held further: Mere regulation of a private body by a statutory authority does not make it discharge a public duty, and a writ lies against such a body only to enforce a statutory obligation or one of a public nature. (¶7) Labour — Retrenchment — Distinguished from termination — Held further: An order of retrenchment reducing the workforce cannot be equated with an order of termination imposing a penalty, and the procedure prescribed for a penalty has no application to it. Writ appeal allowed. (¶3, 4, 9)
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