Petitioner sought a writ direction for appointment/continuance as a Physics teacher at a private minority school. The court held the application under Article 226 not maintainable against a private entity and dismissed it.
The petition to consider continuance on the post was not entertained as the application was not maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15994 of 2010
====================================================== 1. Md. Nasimmuddin S/O Late Md. Mojibur Rahman R/O Vill.- Belwa Tapu Tola, P.S.- Araria, Distt.- Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director, Secondary Education, Bihar, Patna 3. The President, Azad Academy Minority High School, Araria 4. The Secretary, Azad Academy Minority High School, Araria 5. The Headmaster, Azad Academy Minority High School, Araria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Renu Jha For the Respondent/s : Mr. (Gp8) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 3 20-11-2014 The petitioner seeks a direction to the respondents to consider his continuance/appointment on the post of Physics teacher at Azad Academy Minority High School, Araria. From the pleadings in the writ application, it appears that the dispute in the present writ application is primarily between the petitioner and a privately managed minority institution. This application under Article 226 of the Constitution of India is not maintainable and is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) BKS/U
1 issue framed by the court
Whether a writ application under Article 226 is maintainable for seeking direction to consider the petitioner's continuance on a post at a privately managed minority institution.
1 provisions across 1 enactments
Md. Nasimmuddin
The State of Bihar
The Director, Secondary Education, Bihar
The President, Azad Academy Minority High School
The Secretary, Azad Academy Minority High School
The Headmaster, Azad Academy Minority High School
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
