Writ Not Maintainable For Enforcement Of Private Service Contract Against Unaided School: J&K&L High Court

The Jammu & Kashmir High Court held that a writ petition under Article 226 of the Constitution is not maintainable for enforcement of service-related rights arising out of a private contract between a teacher and a private unaided school.

A bench of Justice Sanjay Dhar reiterated that though private educational institutions may, in certain circumstances, be amenable to writ jurisdiction, judicial review would be limited only to actions involving a public law element.

Purely private disputes arising out of contractual service conditions cannot be examined under Article 226.

In the present case, the petitioner challenged her non-selection as a Primary Teacher (PRT) and sought a direction for re-engagement in a private unaided school.

The Court held that selection of teachers by a private unaided school results in creation of a contract of service between the school and the selected candidate. The rights of candidates participating in such selection processes are private rights. These rights cannot be enforced through a writ petition against an institution that is neither “State” nor an instrumentality of the State under Article 12 of the Constitution.

The Court referred to settled principles governing maintainability of writ petitions under Article 226. It observed that a writ can lie against a person or body discharging public duties or public functions.

However, even where an institution performs a public function such as imparting education, the act complained of must have a direct nexus with the discharge of that public duty.

The Court clarified that individual grievances or breaches of mutual contracts without any public law element cannot be remedied through a writ petition.

Actions relating purely to private contracts of service, particularly where service conditions are not governed by statutory provisions, remain within the domain of private law.

It further observed that employees of private bodies performing public functions cannot invoke Article 226 in matters relating to service unless their service conditions are regulated by statute. In the absence of statutory backing, such disputes remain contractual in nature.

Case-Title: Malika vs UT of J&K, 2026

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