Abhshek Kumar vs The State Of Bihar on 9 July, 2026

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    Patna High Court

    Abhshek Kumar vs The State Of Bihar on 9 July, 2026

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No. 9161 of 2022
         ======================================================
         Abhshek Kumar Son of Subodh Kumar Choudhary resident of Bagha, Bypass
         Road, Ward No. 29, P.S.- Begusarai, District- Begusarai.
    
                                                             ... ... Petitioner/s
                                         Versus
    1.   The State of Bihar through the Additional Chief Secretary, Education
         Department, Government of Bihar, Patna.
    2.   The Secretary Higher Education, Education Department, Government of
         Bihar, Patna.
    3.   The Director Higher Education, Education Department, Government of
         Bihar, Patna.
    4.   Lalit Narayan Mithila University, Darbhanga through the Vice Chancellor.
    5.   The Vice Chancellor, Lalit Narayan Mithila University.
    6.   The Patliputra University, Patna through the Vice Chancellor.
    7.   M.M. Rahmani, B.Ed College, Begusarai through the Managing Committee.
    8.   The Principal, M.M. Rahmani, B.Ed College, Begusarai
    9.   Sukhdeo Narayan, Lalbahadur Sitaram Memorial B.Ed. College, Nalanda.
    
                                                   ... ... Respondent/s
         ======================================================
         Appearance :
         For the Petitioner/s   :      Mr. Krishna Kant Singh, Advocate
         For the State          :      Mr. Shankar Kumar Thakur, AC to GP-27
         For the Respondent
          No. 7 & 8             :      Mr. Ravi Bhardwaj, Advocate
         For Respondent Univ.   :      Mr. Iqbal Asif Niazi, Advocate
         For Respondent No. 9   :      Mr. Suresh Mishra, Advocate
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
         ORAL JUDGMENT

    Date : 09-07-2026

    Heard the parties.

    SPONSORED

    2. The present writ petition has been filed for the

    following reliefs:-

    “(i) For issuance of the writ in the nature
    of certiorari for quashing the letter
    dated 07.05.2022 issued under the
    signature of the Principal Μ.Μ.

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    College, Rahmani B.Ed.

    Damodarpur, Begusarai whereby
    service the of the petitioner who
    working was as Assistant Professor
    in the college in question was
    terminated illegally contrary to law
    and based on wrong facts and
    without any proper inquiry.

    (ii) For further that after setting aside the
    termination letter dated 07.05.2022
    the petitioner directed service to be
    be reinstated in forthwith with all
    consequential benefits as if he has
    never been terminated from service
    and has remained all along in
    service and further to restrain the
    concerned authorities from filling
    up the post of English Subject and if
    in between any selection is made the
    same be declared illegal.

    (iii) For further restraining the
    respondent authorities from taking
    any steps with respect to recovery of
    the salary drawn by the petitioner
    and further to hold that the legal
    notice dated 16.05.2022 issued by
    Dr. Nand Kishore Singh, Advocate
    for recovery of the salary paid has
    no legal sanctity in the eye of law
    muchless the same is beyond the
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    purview of service jurisprudence.

    (iv) For further directing the concerned
    respondent authorities to look into
    the grievance of the petitioner and
    take appropriate action against the
    persons responsible for illegal
    action and also who have
    misappropriated the government
    money by manipulating the records
    as also by impersonating.”

    3. The matter has been heard on different dates by

    learned Co-ordinate Benches of this Court and even by this

    Court. Affidavits have been filed on behalf of the different

    contesting respondents, wherein a preliminary objection with

    regard to maintainability of the writ petition has been raised.

    When the matter was taken up on 18.06.2026, the learned

    counsels appearing on behalf of the contesting respondents i.e.

    Respondent Nos. 7 to 9 raised objection with regard to

    maintainability of the writ petition, on the ground that the reliefs

    prayed for in the present writ petition have been sought for

    against a college, which is an affiliated unit of the Patliputra

    University, Patna and the dispute is related to the termination of

    services of the petitioner, which is entirely a service dispute and

    since the relief has been prayed for against an affiliated college,

    which is not a State within the meaning of Article 12 of the
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    Constitution of India, therefore, the writ petition is not

    maintainable.

    4. The learned counsel for the petitioner submits

    that the writ petition filed by the petitioner is maintainable

    before this Hon’ble Court in view of the settled law in this

    regard by the Hon’ble Supreme Court of India.

    5. In support of his contention, the learned counsel

    for the petitioner refers to and relies upon a judgment of the

    Hon’ble Supreme Court of India reported in (1989) 2 SCC 691

    (Andi Mukta Sadguru Shree Muktajee Vandas Swami

    Suvarna Jayanti Mahotsav Smarak Trust & Ors. versus V. R.

    Rudani and Ors.), wherein in paragraph no. 17, the Hon’ble

    Supreme Court of India has held as follows:-

    “17. There, however, the prerogative writ of
    mandamus is confined only to public
    authorities to compel performance of
    public duty. The “public authority” for
    them means everybody which is created
    by statute — and whose powers and
    duties are defined by statute. So
    government departments, local
    authorities, police authorities, and
    statutory undertakings and corporations,
    are all “public authorities”. But there is
    no such limitation for our High Courts
    to issue the writ “in the nature of
    mandamus”. Article 226 confers wide
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    powers on the High Courts to issue writs
    in the nature of prerogative writs. This is
    a striking departure from the English
    law. Under Article 226, writs can be
    issued to “any person or authority”. It
    can be issued “for the enforcement of
    any of the fundamental rights and for
    any other purpose”.”

    6. The learned counsel for the petitioner further

    refers to and relies upon a judgment of the of the Hon’ble

    Supreme Court of India reported in (2012) 12 SCC 331

    (Ramesh Ahluwalia v. State of Punjab & Ors.), wherein in

    paragraph nos. 11 to 14, the Hon’ble Supreme Court of India

    has held as follows:-

    11. On the other hand, Mr S.S. Ray, learned
    counsel appearing on behalf of
    Respondents 2 to 4 submitted that no writ
    petition would be maintainable against the
    respondent institution. In support of his
    submission, the learned counsel has placed
    reliance on Pradeep Kumar Biswas v.

    Indian Institute of Chemical Biology
    [(2002) 5 SCC 111 : 2002 SCC (L&S) 633]
    particularly making reference to para 40 of
    the aforesaid judgment. Para 40 of the
    aforesaid judgment is extracted hereunder:

    (SCC p. 134)
    “40. The picture that ultimately emerges is that
    the tests formulated in Ajay Hasia [Ajay
    Hasia v. Khalid Mujib Sehravardi
    , (1981) 1
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    SCC 722 : 1981 SCC (L&S) 258] are not a
    rigid set of principles so that if a body falls
    within any one of them it must, ex
    hypothesi, be considered to be a State
    within the meaning of Article 12. The
    question in each case would be–whether
    in the light of the cumulative facts as
    established, the body is financially,
    functionally and administratively
    dominated by or under the control of the
    Government. Such control must be
    particular to the body in question and must
    be pervasive. If this is found then the body
    is a State within Article 12. On the other
    hand, when the control is merely regulatory
    whether under statute or otherwise, it
    would not serve to make the body a State.”

    12. We have considered the submissions made by
    the learned counsel for the parties. In our
    opinion, in view of the judgment rendered
    by this Court in Andi Mukta Sadguru Shree
    Muktajee Vandas Swami Suvarna Jayanti
    Mahotsav Smarak Trust [(1989) 2 SCC
    691] there can be no doubt that even a
    purely private body, where the State has no
    control over its internal affairs, would be
    amenable to the jurisdiction of the High
    Court under Article 226 of the Constitution,
    for issuance of a writ of mandamus.

    Provided, of course, the private body is
    performing public functions which are
    normally expected to be performed by the
    State authorities.

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    13. In the aforesaid case, this Court was also
    considering a situation where the services
    of a Lecturer had been terminated who was
    working in the college run by the Andi
    Mukta Sadguru Shree Muktajee Vandas
    Swami Suvarna Jayanti Mahotsav Smarak
    Trust. In those circumstances, this Court
    has clearly observed as under: (V.R.
    Rudani case [(1989) 2 SCC 691] , SCC pp.
    700-701, paras 20 & 22)
    “20. The term ‘authority’ used in Article 226, in
    the context, must receive a liberal meaning
    unlike the term in Article 12. Article 12 is
    relevant only for the purpose of
    enforcement of fundamental rights under
    Article 32. Article 226 confers power on
    the High Courts to issue writs for
    enforcement of the fundamental rights as
    well as non-fundamental rights. The words
    ‘any person or authority’ used in Article
    226
    are, therefore, not to be confined only
    to statutory authorities and
    instrumentalities of the State. They may
    cover any other person or body performing
    public duty. The form of the body
    concerned is not very much relevant. What
    is relevant is the nature of the duty imposed
    on the body. The duty must be judged in the
    light of positive obligation owed by the
    person or authority to the affected party.
    No matter by what means the duty is
    imposed, if a positive obligation exists
    mandamus cannot be denied.

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    ***

    22. Here again we may point out that mandamus
    cannot be denied on the ground that the
    duty to be enforced is not imposed by the
    statute. Commenting on the development of
    this law, Professor de Smith states: ‘To be
    enforceable by mandamus a public duty
    does not necessarily have to be one
    imposed by statute. It may be sufficient for
    the duty to have been imposed by charter,
    common law, custom or even contract.’
    [ S.A. de Smith, Judicial Review of
    Administrative Action (4th Edn., Stevens &
    Sons Ltd., London 1980) at p. 540] We
    share this view. The judicial control over
    the fast expanding maze of bodies affecting
    the rights of the people should not be put
    into watertight compartment. It should
    remain flexible to meet the requirements of
    variable circumstances. Mandamus is a
    very wide remedy which must be easily
    available ‘to reach injustice wherever it is
    found’. Technicalities should not come in
    the way of granting that relief under Article

    226. We, therefore, reject the contention
    urged for the appellants on the
    maintainability of the writ petition.”
    The aforesaid observations have been
    repeated and reiterated in numerous
    judgments of this Court including the
    judgments in Unni Krishnan [(1993) 1 SCC
    645] and Zee Telefilms Ltd. [(2005) 4 SCC
    649] brought to our notice by the learned
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    counsel for the appellant, Mr Parikh.

    14. In view of the law laid down in the
    aforementioned judgments of this Court,
    the judgment of the learned Single Judge
    [Ramesh Ahluwalia v. State of Punjab, WP
    (C) No. 11691 of 2009, decided on 5-8-
    2009 (P&H)] as also the Division Bench
    [Ramesh Ahluwalia v. State of Punjab, LPA
    No. 368 of 2010, order dated 25-10-2010
    (P&H)] of the High Court cannot be
    sustained on the proposition that the writ
    petition would not be maintainable merely
    because the respondent institution is a
    purely unaided private educational
    institutio14. In view of the law laid down in
    the aforementioned judgments of this
    Court, the judgment of the learned Single
    Judge [Ramesh Ahluwalia v. State of
    Punjab, WP (C) No. 11691 of 2009,
    decided on 5-8-2009 (P&H)] as also the
    Division Bench [Ramesh Ahluwalia v. State
    of Punjab, LPA No. 368 of 2010, order
    dated 25-10-2010 (P&H)] of the High
    Court cannot be sustained on the
    proposition that the writ petition would not
    be maintainable merely because the
    respondent institution is a purely unaided
    private educational institution. The
    appellant had specifically taken the plea
    that the respondents perform public
    functions i.e. providing education to
    children in their institutions throughout
    India.n. The appellant had specifically
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    taken the plea that the respondents perform
    public functions i.e. providing education to
    children in their institutions throughout
    India.

    7. The learned counsel for the petitioner further

    refers to and relies upon a judgment of the of the Hon’ble

    Supreme Court of India reported in (2020) 14 SCC 449

    (Marwari Balika Vidyalaya versus Asha Srivastava & Ors.),

    wherein in paragraph no. 16, the Hon’ble Supreme Court of

    India has held as follows:-

    “16. It is apparent from the aforesaid
    decisions that the writ application is
    maintainable in such a matter even as
    against the private unaided educational
    institutions.”

    8. Per Contra, the learned counsel appearing on

    behalf of the respondent nos. 7 and 8 submits that in view of the

    judgment of the Hon’ble Supreme Court of India reported in

    (2024) 16 SCC 598 (Army Welfare Education Society, New

    Delhi versus Sunil Kumar Sharma & Ors.), the writ petition is

    not maintainable since, the Hon’ble Supreme Court of India in

    paragraph no. 6, 41 and 42 has held as follows:-

    “6. The following two questions of law fall for
    our consideration:

    6.1. (a) Whether the appellant Army Welfare
    Education Society is “State” within
    Article 12 of the Constitution of India so
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    as to make a writ petition under Article
    226
    of the Constitution maintainable
    against it? In other words, whether a
    service dispute in the private realm
    involving a private educational
    institution and its employees can be
    adjudicated upon in a writ petition filed
    under Article 226 of the Constitution?
    6.2. (b) Even if it is assumed that the appellant
    Army Welfare Education Society is a
    body performing public duty amenable
    to writ jurisdiction, whether all its
    decisions are subject to judicial review
    or only those decisions which have
    public law element therein can be
    judicially reviewed under the writ
    jurisdiction?

    41. If the authority/body can be treated as
    “State” within the meaning of Article 12
    of the Constitution of India, then in such
    circumstances, it goes without saying
    that a writ petition under Article 226
    would be maintainable against such an
    authority/body for the purpose of
    enforcement of fundamental and other
    legal rights. Therefore, the definition
    contained in Article 12 is for the
    purpose of application of the provisions
    contained in Part III. Article 226 of the
    Constitution, which deals with powers of
    the High Courts to issue certain writs,
    inter alia, stipulates that every High
    Court has the power to issue directions,
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    orders or writs to any person or
    authority, including, in appropriate
    cases, any Government, for the
    enforcement of any of the rights
    conferred by Part III and for any other
    purpose.

    42. So far as Article 12 of the Constitution is
    concerned, the “State” includes “all
    local and other authorities within the
    territory of India or under the control of
    the Government of India”. The debate
    on the question as to which body would
    qualify as “other authority” and the
    test/principles applicable for
    ascertaining as to whether a particular
    body can be treated as “other authority”

    has been never ending. If such an
    authority violates the fundamental right
    or other legal rights of any person or
    citizen (as the case may be), a writ
    petition can be filed under Article 226 of
    the Constitution invoking the
    extraordinary jurisdiction of the High
    Court and seeking appropriate direction,
    order or writ. However, under Article
    226
    of the Constitution, the power of the
    High Court is not limited to the
    Government or authority which qualifies
    to be “State” under Article 12. Power is
    extended to issue directions, orders or
    writs “to any person or authority”.
    Again, this power of issuing directions,
    orders or writs is not limited to
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    enforcement of fundamental rights
    conferred by Part III, but also “for any
    other purpose”. Thus, power of the High
    Court takes within its sweep more
    “authorities” than stipulated in Article
    12
    and the subject-matter which can be
    dealt with under this Article is also
    wider in scope.”

    9. The learned counsel for the respondent nos. 7 &

    8 submits that in view of the recent judicial pronouncement of

    the Hon’ble Supreme Court of India, wherein the judgments

    referred to by the learned counsel for the petitioner have been

    taken note of, the writ petition is not maintainable and is liable

    to be dismissed by this Hon’ble Court at the stage of admission

    itself.

    10. Similarly, the learned counsel appearing on

    behalf of the respondent no. 9 refers to and relies upon a

    judgment of the Hon’ble Full Bench of this Court reported in

    1987 BLJ 823 (Manju Devi versus District Superintendent of

    Education, Bhagalpur & Ors.), wherein the Hon’ble Full

    Bench, after considering the maintainability of the matter

    related to a teacher in the privately managed school, even

    though financially aided by the State, whose services was

    terminated, after considering the entire aspect, in paragraph no.

    14 has held as follows:-

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    “14. To sum up, the answer to the question put
    at the outset is rendered in the negative
    and it is held that a teacher in a
    privately managed school even though
    financially aided by the State, cannot
    maintain a writ petition against the
    termination of his services by such a
    school. Consequently the present writ
    petition is dismissed, but there will be no
    order as to costs.”

    11. The learned counsel appearing on behalf of the

    respondent no. 9 further refers to and relies upon a judgment of

    the Hon’ble Supreme Court of India reported in (2002) 8 SSC

    481 (T.M.A. Pai Foundation & Ors. versus State of Karnataka

    & Ors.), wherein in paragraph no. 231, it has been held as

    follows:-

    “231. Before concluding the matter, it is
    necessary to deal with a few more
    aspects which relate to the regulatory
    measures taken by the Government with
    regard to government-aided minority
    institutions. In that connection, the State
    must see that the regulatory measures of
    control of such institutions should be
    minimum and there should not be
    interference in the internal or day-to-day
    working of the management. However,
    the State would be justified in enforcing
    the standard of education in such
    institutions. In case of minority
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    professional institutions, it can also be
    stipulated that passing of common
    entrance test held by the State agency is
    necessary to seek admission. It is for the
    reason that the products of such
    professional institutions are not only
    going to serve the minorities but also the
    majority community. So far as the
    redressal of grievances of staff and
    teachers of minority institutions is
    concerned, a mechanism has to be
    evolved. Past experience shows that
    setting up a tribunal for a particular
    class of employees is neither expedient
    nor conducive to the interest of such
    employees. In that view of the matter,
    each District Judge which includes the
    Additional District Judge of the
    respective district be designated as
    Tribunal for redressal of the grievances
    of the employee and staff of such
    institutions.”

    12. The learned counsel for the respondent no. 9

    further refers to and relies upon a judgment of the Hon’ble

    Supreme Court of India reported in (2012) 12 SCC 331,

    (Ramesh Ahluwaliya versus State of Punjab & Ors.), wherein

    in paragraph nos. 15 to 17, it has been held as follows:-

    “15. We must, however, notice that the learned
    Single Judge has dismissed the writ
    petition also on the ground that it
    involves disputed questions of fact. Mr
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    Ray, learned counsel appearing on
    behalf of the respondents has submitted
    that the appellant actually has not been
    able to contradict any of the proven
    facts. According to the learned counsel,
    the remedy of the appellant is to file a
    civil suit, if so advised. Therefore, the
    writ petition has been rightly dismissed
    by the High Court. Mr Parikh, learned
    counsel for the appellant, however,
    submits that the civil suit would not be
    an alternative efficacious remedy in the
    facts of this case. In support of this
    submission, he brought to our notice
    certain observations made by a
    Constitution Bench of this Court in
    T.M.A. Pai Foundation v. State of
    Karnataka
    [(2002) 8 SCC 481] . The
    learned counsel pointed out that, in the
    aforesaid case, this Court had directed
    that the Appellate Tribunal should be set
    up in each district of each State to hear
    appeals over the decisions taken by the
    disciplinary bodies of even purely
    private educational institutions. It was
    emphasised that speedy resolution of the
    disputes between the teachers and the
    management is in the interest of all i.e.
    students, management as well as the
    teachers concerned. It appears that at
    the time when the appeal of the
    appellant was heard, such a tribunal had
    not been set up in the State of Punjab.
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    The appeal filed before the Disciplinary
    Committee was also not referred to the
    District Judge by the Disciplinary
    Committee.

    16. We are of the considered opinion that
    since the writ petition clearly involves
    disputed questions of fact, it is
    appropriate that the matter should be
    decided by an appropriate
    tribunal/court.

    17. At this stage, we are informed that the
    State of Punjab has set up a tribunal,
    namely, Punjab School Education
    Tribunal, Mohali, which is empowered
    to entertain appeals even where orders
    have been passed by the unaided private
    educational institutions. In that view of
    the matter, the remedy of appeal is
    clearly available to the appellant. It
    would, therefore, be appropriate for the
    appellant to avail the remedy of appeal
    before the aforementioned Education
    Tribunal.”

    13. The learned counsel for the respondent no. 9

    further refers to and relies upon a judgment of the Hon’ble

    Supreme Court of India reported in (2015) 17 SCC 353

    (Committee of Management, Delhi Public School and Anr.

    Versus M.K. Gandhi & Ors.) wherein in paragraph no. 4, it has

    been held as follows:-

    “4. With great respect to the Full Bench of the
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    High Court, we fail to understand the
    direction given by the Allahabad High
    Court. In our opinion, the direction
    given by the Allahabad High Court to
    CBSE is totally misconceived and
    uncalled for. When the Allahabad High
    Court has already held that DPS School
    is not a “State” within the meaning of
    Article 12 of the Constitution of India
    and the writ petition is not maintainable,
    there was no necessity for giving a
    direction to CBSE which virtually
    amounts to granting a declaration in
    favour of those teachers whose services
    have been terminated. We fail to
    appreciate the view taken by the
    Allahabad High Court by unnecessarily
    complicating the issue by involving
    CBSE in a private dispute between the
    teachers and DPS. The Allahabad High
    Court should have stopped short of
    holding that the said DPS is a private
    body and the writ is not maintainable.”

    14. Similarly, the learned counsel for the

    respondent no. 9 refers to and relies upon a judgment of the

    Hon’ble Supreme Court of India reported in (2023) 4 SCC 498

    (St. Mary’s Education Society & Another Vs. Rajendra Prasad

    Bhargava & Ors.), wherein in paragraph nos. 29 to 36, it has

    been held as follows:-

    “29. Respondent 1 herein has laid much
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    emphasis on the fact that at the time of
    his appointment in the school, the same
    was affiliated to the Madhya Pradesh
    State Board. It is his case that at the
    relevant point of time the school used to
    receive the grant-in-aid from the State
    Government of Madhya Pradesh. Later
    in point of time, the school came to be
    affiliated to CBSE. The argument of
    Respondent 1 seems to be that as the
    school is affiliated to the Central Board
    i.e. CBSE, it falls within the ambit of
    “State” under Article 12 of the
    Constitution. The school is affiliated to
    CBSE for the purpose of imparting
    elementary education under the Right of
    Children to Free and Compulsory
    Education Act, 2009
    (for short “the
    2009 Act”). As Appellant 1 is engaged in
    imparting of education, it could be said
    to be performing public functions. To put
    it in other words, Appellant 1 could be
    said to be performing public duty. Even
    if a body performing public duty is
    amenable to the writ jurisdiction, all its
    decisions are not subject to judicial
    review. Only those decisions which have
    public element therein can be judicially
    reviewed under the writ jurisdiction. If
    the action challenged does not have the
    public element, a writ of mandamus
    cannot be issued as the action could be
    said to be essentially of a private
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    character.

    30. We may at the outset state that CBSE is
    only a society registered under the
    Societies Registration Act, 1860 and the
    school affiliated to it is not a creature of
    the statute and hence not a statutory
    body. The distinction between a body
    created by the statute and a body
    governed in accordance with a statute
    has been explained by this Court in
    Executive Committee of Vaish Degree
    College v. Lakshmi Narain [Executive
    Committee of Vaish Degree College v.
    Lakshmi Narain, (1976) 2 SCC 58 :

    1976 SCC (L&S) 176] , as follows :
    (SCC p. 65, para 10)
    “10. … It is, therefore, clear that there is a
    well marked distinction between a body
    which is created by the statute and a
    body which after having come into
    existence is governed in accordance with
    the provisions of the statute. In other
    words the position seems to be that the
    institution concerned must owe its very
    existence to a statute which would be the
    fountainhead of its powers. The question
    in such cases to be asked is, if there is no
    statute would the institution have any
    legal existence. If the answer is in the
    negative, then undoubtedly it is a
    statutory body, but if the institution has a
    separate existence of its own without any
    reference to the statute concerned but is
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    merely governed by the statutory
    provisions it cannot be said to be a
    statutory body.”

    31. As stated above, the school is affiliated to
    CBSE for the sake of convenience,
    namely, for the purpose of recognition
    and syllabus or the courses of study and
    the provisions of the 2009 Act and the
    Rules framed thereunder.

    32. The contention canvassed by Respondent 1
    is that a writ petition is maintainable
    against the Committee of Management
    controlling the affairs of an institution
    (minority) run by it, if it violates any
    rules and Bye-laws laid down by CBSE.
    First, as discussed above, CBSE itself is
    not a statutory body nor the regulations
    framed by it have any statutory force.
    Secondly, the mere fact that the Board
    grants recognition to the institutions on
    certain terms and conditions itself does
    not confer any enforceable right on any
    person as against the Committee of
    Management.

    33. In Regina v. St. Aloysius Higher
    Secondary School [Regina
    v. St. Aloysius
    Higher Secondary School, (1972) 4 SCC
    188 : AIR 1971 SC 1920] , this Court
    held that the mere fact that an institution
    is recognised by an authority, does not
    itself create an enforceable right to an
    aggrieved party against the
    Management by a teacher on the ground
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    of breach or non-compliance of any of
    the Rules which was part of terms of the
    recognition. It was observed as under :

    (SCC p. 198, para 24)
    “24. … The Rules thus govern the terms on
    which the Government would grant
    recognition and aid and the Government
    can enforce these rules upon the
    management. But the enforcement of
    such rules is a matter between the
    Government and the management, and a
    third party, such as teacher aggrieved by
    some order of the management cannot
    derive from the rules any enforceable
    right against the management on the
    ground of breach or non-compliance of
    any of the rules.”

    34. In Anita Verma v. D.A.V. College
    Management Committee [Anita Verma v.

    D.A.V. College Management Committee,
    (1992) 1 UPLBEC 30] :

    “… 30. Where the services of a teacher were
    terminated, the Court held that the writ
    petition under Article 226 is not
    maintainable as the institution cannot be
    treated as the instrumentality of the
    State. The matter was considered in
    detail in Harbans Kaur v. Guru Tegh
    Bahadur Public School [Harbans Kaur
    v. Guru Tegh Bahadur Public School,
    1992 SCC OnLine All 444 : 1992 Lab IC
    2070] , wherein the services of the
    petitioner were terminated by the
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    Managing Committee of the institution
    recognised by CBSE. It was held that the
    Affiliation Bye-laws framed by CBSE
    have no statutory force. The Court under
    Article 226 of the Constitution of India
    can enforce compliance of statutory
    provision against a committee of
    management as held in a Full Bench
    decision of this Court in Aley Ahmad
    Abidi v. District Inspector of Schools
    [Aley Ahmad Abidi v. District Inspector
    of Schools, 1976 SCC OnLine All 325 :

    AIR 1977 All 539] . The Affiliation Bye-
    laws of CBSE having no statutory force,
    the only remedy against the aggrieved
    person is to approach CBSE putting his
    grievances in relation to the violation of
    the Affiliation Bye-laws by the
    institution.”

    35. Thus, where a teacher or non-teaching
    staff challenges the action of Committee
    of Management that it has violated the
    terms of contract or the rules of the
    Affiliation Bye-laws, the appropriate
    remedy of such teacher or employee is to
    approach CBSE or to take such other
    legal remedy available under law. It is
    open to CBSE to take appropriate action
    against the Committee of Management
    of the institution for withdrawal of
    recognition in case it finds that the
    Committee of Management has not
    performed its duties in accordance with
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
    24/31

    the Affiliation Bye-laws.

    36. It needs no elaboration to state that a
    school affiliated to CBSE which is
    unaided is not a State within Article 12
    of the Constitution of India [see
    Satimbla Sharma v. St Paul‘s Senior
    Secondary School [Satimbla Sharma v.
    St Paul
    ‘s Senior Secondary School,
    (2011) 13 SCC 760 : (2012) 2 SCC
    (L&S) 75] ].
    Nevertheless the school
    discharges a public duty of imparting
    education which is a fundamental right
    of the citizen [see K. Krishnamacharyulu
    v. Sri Venkateswara Hindu College of
    Engg. [K. Krishnamacharyulu
    v. Sri
    Venkateswara Hindu College of Engg.,
    (1997) 3 SCC 571 : 1997 SCC (L&S)
    841] ].
    The school affiliated to CBSE is
    therefore an “authority” amenable to
    the jurisdiction under Article 226 of the
    Constitution of India[see Binny Ltd. v. V.
    Sadasivan [Binny Ltd.
    v. V. Sadasivan,
    (2005) 6 SCC 657 : 2005 SCC (L&S)
    881] ]. However, a judicial review of the
    action challenged by a party can be had
    by resort to the writ jurisdiction only if
    there is a public law element and not to
    enforce a contract of personal service. A
    contract of personal service includes all
    matters relating to the service of the
    employee — confirmation, suspension,
    transfer, termination, etc.
    [see Apollo
    Tyres Ltd. v. C.P. Sebastian [Apollo
    Patna High
    Court CWJC No. 9161 of 2022 dt.09-07-2026
    25/31

    Tyres Ltd. v. C.P. Sebastian, (2009) 14
    SCC 360 : (2009) 5 SCC (Civ) 358 :

    (2010) 1 SCC (L&S) 359] ].”

    15. Having considered the rival submissions and

    after going through the records, it appears that the petitioner has

    filed the present writ petition against the order of termination

    dated 07.05.2022, by which his services are said to have been

    illegally terminated on the wrong facts and without any enquiry.

    Some consequential reliefs, including reinstatement of the

    petitioner have been prayed for in the writ petition.

    16. From the counter affidavit filed on behalf of the

    respondent nos. 7 and 8, it would transpire that the issue of

    maintainability has been raised in the writ petition and at the

    time of argument on 10.09.2024, the respondents raised an

    objection with regard to maintainability of the writ petition in

    view of the judgment of Full Bench of this Hon’ble Court in the

    case of Manju Devi vs District Superintendent of Education,

    Bhagalpur & Ors. reported in 1987 PLJR 962 (Full Bench).

    17. When the mater was taken up before this Court,

    the issue of maintainability was again raised on 18.06.2026. The

    matter was heard at length on the issue of maintainability and

    has been fixed for orders on 09.07.2026.

    18. The Hon’ble Supreme Court of India in recent
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    judgments, which have been relied upon by the learned counsel

    appearing on behalf of the respondents i.e. St. Mary’s Education

    Society (supra) and Army Welfare Education Society, New

    Delhi (supra) considered all the judgments referred to and relied

    upon by the learned counsel for the petitioner. From perusal of

    the judgments referred to by the learned counsel for the

    petitioner in the case of Ramesh Ahluwaliya (supra), it would

    transpire that that same has been held to be per incuriam by the

    Hon’ble Supreme Court of India in the case of St. Mary’s

    Education Society (supra), therefore this case cannot be relied

    upon for holding the writ petition to be maintainable.

    19. So far the judgment relied upon by the learned

    counsel for the petitioner i.e. Andi Mukta Sadguru Shree

    Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak

    Trust (supra) the same has been considered by the Hon’ble

    Supreme Court of India in the case of St. Mary’s Education

    Society (supra) and Army Welfare Education Society, New

    Delhi (supra) and after considering all the relevant judgments,

    including Andi Muka Sadguru (supra) the Supreme Court of

    India in a case of St. Mary’s Education Society (supra) in

    paragraph nos. 75 to 75.5 has held as follows:-

    “75. We may sum up our final conclusions as
    under:

    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    75.1. An application under Article 226 of the
    Constitution is maintainable against a
    person or a body discharging public
    duties or public functions. The public
    duty cast may be either statutory or
    otherwise and where it is otherwise, the
    body or the person must be shown to
    owe that duty or obligation to the public
    involving the public law element.

    Similarly, for ascertaining the discharge
    of d public function, it must be
    established that the body or the person
    was seeking to achieve the same for the
    collective benefit of the public or a
    section of it and the authority to do so
    must be accepted by the public.

    75.2. Even if it be assumed that an
    educational institution is imparting
    public duty, the act complained of must
    have a direct nexus with the discharge of
    public duty. It is indisputably a public
    law action which confers a right upon
    the aggrieved to invoke the
    extraordinary writ jurisdiction under
    Article 226 for a prerogative writ.
    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. Wherever Courts have
    intervened in their exercise of
    jurisdiction under Article 226, either the
    service conditions were regulated by the
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    statutory provisions or the employer had
    the status of “State” within the expansive
    definition under Article 12 or it was
    found that the action complained of has
    public law element.

    75.3. It must be consequently held that while a
    body may be discharging a public
    function or performing a public duty and
    thus its actions becoming amenable to
    judicial review by a constitutional court,
    its employees would not have the right to
    invoke the powers of the High Court
    conferred by Article 9226 in respect of
    matter relating to service where they are
    not governed or controlled by the
    statutory provisions. An educational
    institution may perform myriad functions
    touching various facets of public life and
    in the societal sphere. While such of
    those functions as would fall within the
    domain of a “public function” or “public
    duty” be undisputedly open to challenge
    and scrutiny under Article 226 of the
    Constitution, the actions or decisions
    taken solely within the confines of an
    ordinary contract of service, having no
    statutory force or backing, cannot be
    recognised as being amenable to
    challenge under Article 226 of the
    Constitution. In the absence of the
    service conditions being controlled or
    governed by statutory provisions, the
    matter would remain in the realm of an
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    ordinary contract of service.

    75.4. Even if it be perceived that imparting
    education by private unaided school is a
    public duty within the expanded
    expression of the term, an employee of a
    non-teaching staff engaged by the school
    for the purpose of its administration or
    internal management is only an agency
    created by it. It is immaterial whether
    “A” or “B” is employed by school to
    discharge that duty. In any case, the
    terms of employment of contract
    between a school and non-teaching staff
    cannot and should not be construed to
    be an inseparable part of the obligation
    to impart education. This is particularly
    in respect to the disciplinary
    proceedings that may be initiated
    against a particular employee. It is only
    where the removal of an employee of
    non-teaching staff is regulated by some
    statutory provisions, its violation by the
    employer in contravention of law may be
    interfered with by the Court. But such
    interference will be on the ground of
    breach of law and not on the basis of
    interference in discharge of public duty.
    75.5. From the pleadings in the original writ
    petition, it is apparent that no element of
    any public law is agitated or otherwise
    made out. In other words, the action
    challenged has no public element and
    writ of mandamus cannot be issued as
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    the action was essentially of a private
    character.”

    20. Similarly, the Hon’ble Supreme Court of India

    in the case of Army welfare Education Society, New Delhi

    (supra) and St. Mary’s Education Society (supra) after

    considering the different judgments relied upon by the learned

    counsel for the petitioner herein in paragraph nos. 61 to 64

    distinguished the case of Marwari Balika Vidyalaya (supra) and

    went on to allow the writ petition filed by the Army Welfare

    Education Society, New Delhi (supra) with regard to

    maintainability of dispute with regard to service condition of the

    petitioner therein.

    21. In view of the settled proposition of law and in

    view of recent judgments of the Hon’ble Supreme Court of

    India in the case of St. Mary’s Education Society (supra) and

    Army Welfare Education Society, New Delhi (supra), this Court

    is of the considered opinion that the writ petition filed by the

    petitioner with regard to termination of his service cannot be

    maintained before this Hon’ble Court. The college in question

    i.e. M.M. Rahmani, B.Ed. College, Begusarai is an affiliated

    college of the University and in terms of the orders/judgments

    relied upon by the learned counsel for the respondents, the writ

    petition cannot be maintained against an affiliated college, since
    Patna High Court CWJC No. 9161 of 2022 dt.09-07-2026
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    the same is not a State within the meaning of Article 12 of the

    Constitution of India.

    22. The writ petition filed by the petitioner is

    thoroughly misconceived and is accordingly dismissed.

    23. Pending application, if any, shall also stands

    disposed of.

    (Ritesh Kumar, J)
    Ajay/Shital/-

    AFR/NAFR
    CAV DATE                 NA
    Uploading Date           09.07.2026
    Transmission Date        NA
     



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