Writ Against Termination of Service by Private Bodies
St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ within meaning of Article 12.
When a private body exercises public functions, even if it is not a ‘State’, aggrieved have a remedy, not only under ordinary law, but also by way of a Writ. But, there must be a public element in actions complained of. Court makes it very clear, in a case of retirement and in case of termination, no public law element is involved. Rajendra Prasad Bhargava cannot find a cause of action on any breach of law, but only on breach of contract. His remedy lies elsewhere.
– Hon’ble Justice J.B. Pardiwala, St. Mary’s Education Society v. Rajendra Prasad Bhargava, [Civil Appeal No. 5789 of 2022].