DR. JANET JEYAPAUL versus SRM UNIVERSITY & ORS.

DR. JANET JEYAPAUL versus SRM UNIVERSITY & ORS.

A 'Deemed University' such as SRM University, performing public functions by imparting education and governed by the UGC Act, qualifies as an 'authority' under Article 12 and is amenable to writ jurisdiction under Article 226; the Division Bench erred in holding otherwise.

Parties
Appellant: Dr. Janet Jeyapaul; Respondent No. 1: SRM University; Respondent: S. Nithin; Respondent: Anil Kumar Mishra-I
Jurisdiction
India
Judgment Date
15 December 2015
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment
Outcome
Appeal allowed
Legal Topics
Writ Jurisdiction, Public Function, State/authority Under Article 12
Constitutional Law Administrative Law Education Law Writ Jurisdiction Public Function State/authority Under Article 12

Case Brief

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Parties

Dr. Janet Jeyapaul

Appellant

SRM University

Respondent No. 1

S. Nithin

Respondent

Anil Kumar Mishra-I

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment

Legal Issues

  1. 1 Is SRM University amenable to writ jurisdiction under Article 226?
  2. 2 Does SRM University qualify as 'authority' under Article 12?
  3. 3 Should the writ petition be entertained or referred to Tribunal?

Ratio Decidendi

A 'Deemed University' such as SRM University, performing public functions by imparting education and governed by the UGC Act, qualifies as an 'authority' under Article 12 and is amenable to writ jurisdiction under Article 226; the Division Bench erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Impugned Division Bench order set aside.
  • Writ Appeal No. 932 of 2013 restored to Division Bench of High Court for a decision on merits.