Madras High Court
Administrative and Public LawEmployment and Labour Law

Service disputes between private schools and employees are not amenable to writ jurisdiction.

V.RADHAKRISHNAN vs CENTRAL BOARD OF SECONDARY

Madras High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Service disputes between private schools and employees are not amenable to writ jurisdiction.. V.RADHAKRISHNAN vs CENTRAL BOARD OF SECONDARY. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged proceedings dated 23 September 2009 issued by the fourth respondent, the society running Vijayanta Senior Secondary School, and sought to prevent his retirement before the end of the 2011–2012 academic year.

Source reference: p.1–2

The Court considered the objection that the school was privately managed and that the petitioner’s service dispute did not involve a public duty or public function.

Source reference: p.3

By the time the petition was decided, the requested period of protection had long expired.

Source reference: p.5
02

Issues

1. Whether the petitioner’s service dispute with the privately managed school was amenable to writ jurisdiction under Article 226 of the Constitution.

Source reference: p.3–4

2. Whether the petitioner could obtain the requested protection against retirement until the end of the 2011–2012 academic year, which had already passed.

Source reference: p.5
03

Law Applied

Under Article 226, a private school’s performance of the public function of imparting education does not, by itself, make an employment dispute between the school and its employee a matter involving a public-law element.

Source reference: p.4

In Army Welfare Education Society, New Delhi v. Sunil Kumar Sharma, 2024 INSC 501, the Supreme Court held that a dispute arising from the private contractual relationship between a school and its employee does not concern a public duty discharged by the school in connection with that employment.

Source reference: p.4

The Court also referred to the Division Bench decision in W.A. No. 2887 of 2023, which treated Vijayanta Senior Secondary School as a private management not falling within Article 12, and to the order in W.P. No. 2422 of 2017 applying the same principle to a school-service dispute.

Source reference: p.3–4
04

Reasoning

Applying these authorities, the Court concluded that the petitioner’s service dispute arose from his relationship with a privately managed school and was not adjudicable in a writ petition merely because the school imparted education.

Source reference: p.3–4

Separately, the specific prospective relief sought had become infructuous because the 2011–2012 academic year had long ended.

Source reference: p.5

The Court did not determine the merits of the challenge to the 2009 proceedings.

Source reference: p.5
05

Holding

The Court disposed of the writ petition, leaving the challenge to the proceedings dated 23 September 2009 open on its merits and granting the petitioner liberty to approach the competent forum for appropriate relief if a cause of action survived.

No costs were ordered, and the connected miscellaneous petition was closed.

Source reference: p.5
Madras High Court

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V.RADHAKRISHNANvsCENTRAL BOARD OF SECONDARY

Madras High Court · September 30, 2026

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