private unaided school maharashtra
Querist :
Anonymous
(Querist) 05 January 2024
This query is : Resolved
Can trachers of private unaided school in Maharashtra file writ against school management which is involved in unfair means of employment. Teachers have ZP approval also . Education officer made many reports about irregularity and currupt practices of present school management
T. Kalaiselvan, Advocate
(Expert) 05 January 2024
The Supreme Court has observed that a writ petition against a private educational institute will be maintainable only if there is a public law element involved. The Court pointed out that Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226. The Bench of Justice Aniruddha Bose and Justice JB Pardiwala made this observation while dealing with an appeal against the decision of the Division Bench of the Madhya Pradesh High Court holding that a writ petition filed by an employee of a private unaided minority educational institution seeking to challenge his termination from service is maintainable in law.
Since private educational institutions perform public functions and are subject to state education rules, a Writ Petition can be filed against them.
Querist :
Anonymous
(Querist) 08 February 2024
What is public law element. Voilations of MEPS act cant be challenged through writ petion by private school employees in maharashtra
Querist :
Anonymous
(Querist) 08 February 2024
What is public law element. Voilations of MEPS act cant be challenged through writ petion by private school employees in maharashtra
