VidhiSangh

Supreme Court of India · 24/08/2022

ST. MARY’S EDUCATION SOCIETY & ANR. versus RAJENDRA PRASAD BHARGAVA & ORS.

[2022] 8 S.C.R. 301 · 2022 INSC 856

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Summary

A lower division clerk of a private unaided minority school in Mhow, affiliated to the CBSE, was dismissed after a departmental inquiry, and his appeal to the school's disciplinary committee failed. He challenged the termination by writ petition. The Division Bench, reversing the single judge, held the petition maintainable. The Supreme Court restored the single judge's order. Although such a school discharges the public function of education and may be amenable to Article 226, judicial review needs a public law element. A non-teaching employee's termination under an ordinary service contract not governed by statute is a private matter. CBSE byelaws have no statutory force and State regulatory power does not change this. Marwari Balika was distinguishable because State approval for removal was required there.

Issues

  1. Whether a writ petition under Article 226 is maintainable against a private unaided minority educational institution
  2. Whether a service dispute between such an institution and its non-teaching employee, such as termination after disciplinary proceedings, can be adjudicated under Article 226

Provisions considered

Held

Result

Appeal allowed; the Division Bench's judgment was set aside and the writ petition rejected as not maintainable, leaving the employee free to approach the CBSE, the State or other remedies; no opinion on the merits; no costs.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 301.