This writ petition challenging a dismissal order from a religious institution was dismissed as not maintainable. The court held the institution is not a State instrumentalality nor discharging a public function.
The writ petition is dismissed; the petitioner is directed to work out their rights elsewhere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 W.P.(MD)NO.6856 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.6856 of 2020 and W.M.P.(MD)No.6263 of 2020
A.Kondavellai ... Petitioner
Vs.
West Bengal.
Madurai – 625 016.
Madurai – 625 016. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the dismissal order dated 31.01.2020 issued by the 3rd respondent to the
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2 W.P.(MD)NO.6856 OF 2020
petitioner and quash the same as illegal and consequently directing the 3rd respondent to reinstate the petitioner to the service by considering the representation made by the petitioner dated 03.02.2020 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Saravanakumar
For Respondents: No appearance.
O R D E R
Heard the learned counsel appearing for the writ petitioner.
respondents.
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3 W.P.(MD)NO.6856 OF 2020
16.11.2022
Index : Yes / No Internet : Yes/ No PMU
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To:
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.6856 of 2022
16.11.2022
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1 issue framed by the court
Whether writ jurisdiction under Article 226 is maintainable against a religious institution acting as an employee.
A. Kondavellai
The Registrar, Senate of Serampore College
The Chairperson, Governing Council, The Tamil Nadu Theological Seminary College
The Principal, Tamil Nadu Theological Seminary College
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
