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Writ petition not maintainable against an Unaided Minority Institution: SC [Read Order]

Ashok KM
27 July 2016 1:52 PM GMT
Writ petition not maintainable against an Unaided Minority Institution: SC [Read Order]
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The Supreme Court of India in COMMITTEE OF MANAGEMENT, LA MARTINIERE COLLEGE LUCKNOW, VS. VATSAL GUPTA AND ORS has set aside an Allahabad High Court order wherein it had entertained a Writ petition against an unaided minority private Institution and had passed certain directions.

The following is the one page order by the Apex Court Bench comprising of Justices Madan B. Lokur and R.K.Agrawal allowing the Appeal filed by the Management of the Institution.

“Leave granted. We have heard learned counsel for the parties. Appellant No.1 is an unaided minority private institution. We see no reason how a writ petition against that institution could be entertained. The High Court was clearly in error in entertaining the writ petition and passing subsequent directions. Under the circumstances, the appeal is allowed and the impugned judgment and order passed by the High Court is set aside.”

Directing the unaided minority private Institution to allow the petitioner to pursue his educational career in Class XI and XII, the High Court had observed: “Looking to the will of the founder of this great institution, we have no doubt that the institution in question enjoys the minority status and rightly so, but in the facts and circumstances of the present case, we may not allow the law and justice to be distant neighbours.”

The High court on the maintainability of Writ petition against an unaided private minority institution had observed: “The import of the rule as a matter of general principle, in the form in which it is expressed does call for an interpretation in the light of Article 14 of the Constitution of India, even for the reason that even a private contract between the parties, if found arbitrary and unjust, would not be recognized contrary to the fundamental conscience of fair policy.”

Read the order here.

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