Writ Against Private Institute Over Termination Not Maintainable In Absence Of Public Law Element: Rajasthan High Court

The Rajasthan High Court has rejected a writ petition filed against Indian Institute of Health Management Research, filed by its employee against his termination order, opining that the challenged order arose out of a service relationship between the parties, which is private in nature. Since there was no public law element, a writ petition is not maintainable.

The bench of Justice Praveer Bhatnagar referred to certain Supreme Court judgments, that held that while a body may be discharging public duty, and be subject to judicial review by courts, its employees did not have right to invoke the writ jurisdiction under Article 226, since the matter related to service which was not governed or controlled by statutory provisions.

The Court was hearing a petition wherein the petitioner had challenged his termination, and had sought reinstatement of his services with all benefits. A preliminary objection was raised by the respondent regarding maintainability of a writ petition.

It was argued by the petitioner that Indian Institute of Health Management Research was working in the field of public health management and discharging public function. Hence, it was covered under Article 12, and was subject to writ jurisdiction of the court.

The respondent submitted that it was a society registered under the Societies Registration Act, and was not a statutory body, and mere discharging of public functions did not render it “State” under Article 12.

After hearing the contentions, the Court referred to the Supreme Court case of Army Welfare Education Society v. Sunil Kumar Sharma & Ors., in which it was held,

“Imparting education involves public duty and therefore public law element could also be said to be involved. However, the relationship between the respondents herein and the appellant society is that of an employee and a private employer arising out of a private contract . If there is a breach of a covenant of a private contract, the same does not touch any public law element. The school cannot be said to be discharging any public duty in connection with the employment of the respondents.”

In this background, the Court held that the since the challenge was regarding termination, it was essentially contractual and private in nature, without any public law element.

Accordingly, the petition was dismissed.

Title: Atal Khandelwal v Institute of Health Management Research

Citation: 2026 LiveLaw (Raj) 73

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