Writ petition against an affiliated private college for service disputes is not maintainable as it lack public law element.

The petitioner, an Assistant Professor at M.M. Rahmani B.Ed. College, Begusarai, challenged his termination letter dated 07.05.2022.

The college is an affiliated unit of Patliputra University, Patna.

The petitioner sought quashing of the termination, reinstatement with consequential benefits, and a restraint on the recovery of salary already paid.

The respondent college raised a preliminary objection regarding the maintainability of the writ petition, arguing that as a private affiliated college, it does not constitute "State" under Article 12 of the Constitution.

1. Whether a writ petition under Article 226 of the Constitution is maintainable against a private affiliated college in a matter related to a service dispute/termination of service.

Definition of "State" under Article 12 of the Constitution and the scope of Article 226 regarding "public duty".

Distinction between a body created by statute and one merely governed by statute as per Executive Committee of Vaish Degree College v. Lakshmi Narain.

Restrictive approach for service contracts in private institutions established in St. Mary’s Education Society v. Rajendra Prasad Bhargava (2023) and Army Welfare Education Society v. Sunil Kumar Sharma (2024), which held that service disputes lacking a "public law element" or statutory backing are not amenable to writ jurisdiction.

Full Bench decision in Manju Devi v. District Superintendent of Education, Bhagalpur (1987), which barred writs against private school terminations.

The court evaluated the petitioner’s reliance on Andi Mukta and Ramesh Ahluwalia, noting that the latter had been declared per incuriam by the Supreme Court in St. Mary’s Education Society.

The Court reasoned that while an educational institution may perform a "public duty" by imparting education, a contract of personal service (including termination and disciplinary proceedings) is essentially of a private character unless governed by specific statutory provisions.

Since M.M. Rahmani B.Ed. College is a private affiliated unit and the dispute involves an ordinary contract of service without a demonstrated public law element, the "direct nexus" with a public duty required for Article 226 intervention was absent.

The High Court answered the issue in the negative, dismissed the writ petition as "thoroughly misconceived," and disposed of all pending applications.