Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves private contractual matters. Background of Facts Rita Ghoshdastidar (Petitioner), was initially appointed as a part-time teacher at St. Joseph & Mary's School (Respondent) on a temporary basis on 5th July 1986, and was later instated in a full-time position. However, she was suspended on 16th July 2012 following allegations of gross misconduct, including subversive activities detrimental to the school's interest, severe beating of students, insubordination, neglect of work, and negligence in duty performed. An enquiry officer's report dated 24th February 2013 found her guilty of these charges and in a meeting held on 25th November 2013, the Managing Committee decided to dismiss her from service. Aggrieved by this decision, the petitioner filed the writ petition seeking reinstatement and payment of subsistence allowance from the period of her suspension until the date of dismissal along with interest. It was contended by the Petition, inter alia, that the enquiry was conducted without proper notice to the Petitioner and without payment of subsistence allowance, thereby violating the principles of natural justice. It was further contended, that the findings of the enquiry officer were based on a misrepresentation of a letter written by the Petitioner as an apology, when it was intended to mitigate the situation. Additionally, the enquiry officer's findings regarding negligence or neglect of work was extraneous to the charges framed. On the other hand, the Respondent contended that, St. Joseph & Mary's School, on account of being a private institution is managed by its own managing committee, with no government control or financial assistance. Further, it was contended by the Respondent that the disciplinary proceedings against the petitioner were conducted in adherence to the principles of natural justice. The respondent was provided with a fair opportunity to respond to the charges levelled against her, and the process was carried out in accordance with the school's disciplinary rules. Moreover, the Respondent contended that the writ petition against a private unaided educations institution is not maintainable. The Respondent contended that the Petitioner's dispute primarily revolved around a contractual relationship between the school and the employee, rather than statutory obligations. Findings of the Court The court observed firstly that the respondent school operated under private rules, not statutory regulations. As such, the Petitioner's claims lacked a public law element as they primarily involved contractual matters rather than statutory obligations. Furthermore, the court relied on the case of St. Mary's Education Society & Anr. v. Rajendra Prasad Bhargava & Ors. wherein the court held that, “individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article. 226.” Therefore, the court observed that the Petitioner's writ petition was not maintainable, as it primarily concerned private contractual issues without a substantial public law component. With the aforesaid observations, the court dismissed the writ petition. Case: Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors.Case No. WPA 19024 of 2014 Counsels for the Petitioner: Mr. Soumya Mazumder, Mr. M. Ahmed Counsel for the Respondent: Mr. Pradip Kumar Dutta, Mr. Sujash Ghosh Dostidar, Ms. Sankari Roy, Ms. Sayori Mukhopadhyay Click Here To Read/Download Order

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

Manvir Ahluwalia

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