MISHRA AND NAVIN SINHA, JJ.] versus ASHA SRIVASTAVA & ORS.

MISHRA AND NAVIN SINHA, JJ.] versus ASHA SRIVASTAVA & ORS.

Writ application is maintainable against private unaided educational institutions when they perform public functions such as providing education, and where approval of government authority is required for both appointment and removal. Termination without such approval and without departmental enquiry is arbitrary, illegal, and void; reinstatement and back wages are proper remedies.

Parties
Appellant: Marwari Balika Vidyalaya; Respondent: Asha Srivastava
Jurisdiction
India
Judgment Date
14 February 2019
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeal dismissed
Legal Topics
Maintainability of Writ Application Against Private Schools, Termination of School Teacher, Service Benefits and Back Wages, Approval for Appointment and Removal
Constitutional Law Service Law Maintainability of Writ Application Against Private Schools Termination of School Teacher Service Benefits and Back Wages Approval for Appointment and Removal

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Parties

Marwari Balika Vidyalaya

Appellant

Asha Srivastava

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether writ petition is maintainable against private unaided educational institutions
  2. 2 Legality of termination of teacher without approval and departmental enquiry
  3. 3 Entitlement to reinstatement and back wages

Ratio Decidendi

Writ application is maintainable against private unaided educational institutions when they perform public functions such as providing education, and where approval of government authority is required for both appointment and removal. Termination without such approval and without departmental enquiry is arbitrary, illegal, and void; reinstatement and back wages are proper remedies.

Court Disposition

appeal dismissed

Orders

  • Division Bench order reinstating respondent with full salary, allowances, and service benefits is upheld
  • Direction to grant back wages to respondent