VidhiSangh

Supreme Court of India · 09/07/2024

ARMY WELFARE EDUCATION SOCIETY NEW DELHI versus SUNIL KUMAR SHARMA & ORS. ETC.

[2024] 7 S.C.R. 2176 · 2024 INSC 501

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The service-condition dispute between Army Welfare Education Society and former St. Gabriel’s staff lay in private contract and was not maintainable in writ jurisdiction merely because the school imparted education. Legitimate expectation did not preserve the earlier employer’s terms without a promise, established dealings or a statutory obligation. The High Court’s directions were set aside, but the Court required the existing staff to continue under AWES terms without discharge.

Issues

  1. Whether the school’s public educational function made its private employment dispute amenable to Article 226.
  2. Whether statutory regulation or CBSE affiliation supplied a public-law basis for enforcing the earlier service conditions.
  3. Whether legitimate expectation prevented changes to those conditions.
  4. What protection should be retained for the employees continuing in service.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and order set aside. Respondents to continue serving on AWES terms and conditions and not be discharged. No costs.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 2176.