Hyderabad: Stating that engagement of staff or employees in every private unaided educational institution cannot be deemed a public function, the Hyderabad High Court has said that such an engagement would be a purely private arrangement made by the said institution to carry out its aims and objectives.
Justice M.S. Ramachandra Rao was dismissing a petition by Mohan and 19 others challenging the termination of their services by the management of Raja Mahendra College of Engineering of Ranga Reddy district.
The petitioners contended that the college management terminating their services without any reason or cause while failing to pay their salaries on the pretext that the college was being closed as unreasonable and in violation of right to employment and in breach of Article 14, 19 and 21 of the Constitution.
The judge said that every society or corporation imparting education discharging a public duty was not amenable to writ jurisdiction of the High Court under Article 226 of the Constitution.
The judge said in the present case, the respondent college is not a deemed university and the provisions of the University Grants Commission Act do not apply to it.
The judge pointed out: “Merely because imparting education is a public function, it cannot be said that engagement of employees for the said purpose is also a public function. It is purely a private arrangement made by the society with the petitioners and so the rights claimed by the petitioners are purely of a private character and relief under Article 226 of the Constitution cannot be granted to them.”
The judge said only where a public function breach was alleged, then a writ would lie and not otherwise.
The judge felt that “If the contention of petitioners is accepted, it would open the floodgates and every dispute in every private unaided school/college between its management and academic staff would then brought before the High Court in judicial review.”
