St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ within meaning of Article 12.

When a private body exercises public functions, even if it is not a ‘State’, aggrieved have a remedy, not only under ordinary law, but also by way of a Writ. But, there must be a public element in actions complained of. It is apparent, no element of any public law is agitated or otherwise made out. Rajendra Prasad Bhargava’s remedy lies elsewhere.

– Hon’ble Justice J.B. Pardiwala, St. Mary’s Education Society v. Rajendra Prasad Bhargava, [Civil Appeal No. 5789 of 2022].

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St. Mary’s Education Society v. Rajendra Prasad Bhargava, (2023) 4 SCC 498, to which one of us (J.B. Pardiwala J) was a member, held, while a private unaided minority institution might be touching spheres of public function by performing a public duty, its employees have no right of invoking Writ Jurisdiction of a High Court under Article 226 in respect of matters relating to service where they are not governed or controlled by statutory provisions. High Court committed an egregious error. The school run by Army Welfare Education Society cannot be said to be discharging any public duty in connection with employment of Sunil Kumar Sharma. Doctrine of Legitimate Expectation does not extend to and cannot govern operation of contracts between private parties, wherein Doctrine of Promissory Estoppel holds field.

– Hon’ble Justice J.B. Pardiwala, Army Welfare Education Society v. Sunil Kumar Sharma, [Civil Appeal Nos. 7256-7259 of 2024] decided on 09.07.2024.

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We are unable to find any fault with view taken by Division Bench of High Court. Dileep Kumar Pandey and Sanjay Kumar Sharma and Air Force School, Bamrauli’s relationship is in realm of a private contract. Assuming there was a breach of a private contract, same does not involve any public law element.

– Hon’ble Justice Abhay S. Oka, Dileep Kumar Pandey v. Union of India, [Civil Appeal No. 10899 of 2013].

Dileep Kumar Pandey and Sanjay Kumar Sharma were teachers. A teacher is responsible for actually imparting education, which is a public duty. See, Janet Jeyapaul v. SRM University, (2015) 16 SCC 530. Any matter affecting service conditions, morale and discipline among teachers would have a direct bearing and nexus with imparting of education. Air Force School, Bamrauli is within Writ Jurisdiction of High Court under Article 226.

– Hon’ble Justice Ahsanuddin Amanullah, Dileep Kumar Pandey v. Union of India, [Civil Appeal No. 10899 of 2013].