A division bench of Justice Vipin Sanghi and Manoj K. Tiwari of Uttarakhand HC dismissed the writ petition against the termination of his services. The court held that the present writ petitioner is not maintainable against the private institute and the issue raised by the petitioner emanates from his contractual employment, and does not, in any way, relate to the public function that the respondent no. 1-Institute may be discharging.
Facts:
The petitioner had preferred the present Writ Petition to assail the orders dated 20.10.2016 and 11.11.2016 passed by the Deputy Registrar of the respondent no. 1, i.e. the Birla Institute of Applied Sciences, Bhimtal, District Naintal. The respondent no. 1- Institute, by the said orders, had terminated the services of the petitioner.
The case of the petitioner was that the respondent no. 1-Institute issued an advertisement on 01.03.2012 for filling up various faculty positions. The petitioner applied for the post of Associate Professor in Computer Science and Engineering Discipline, in response to the said advertisement. The petitioner was appointed on contractual basis to the said post. The contractual employment of the petitioner stands terminated with the issuance of the impugned orders. Being aggrieved by the same, the present Writ Petition was preferred by the petitioner in the year 2017.
Observations of the Court
This Court observed that the present Writ petition, under Article 226 of the Constitution of India, cannot be maintained against the respondent no. 1-Institute, which is a private Institute. The court discarded the submission of the learned counsel for the petitioner, that the respondent no. 1-Institute is discharging public functions and, therefore, it is amenable to the writ jurisdiction of this Court because the issue raised by the petitioner emanates from his contractual employment, and does not, in any way, relate to the public function that the respondent no. 1-Institute may be discharging.
Therefore, the present Writ Petition was dismissed, with liberty to the petitioner to pursue such other remedy, as may be available in law, to raise his grievance against termination. The period spent by the petitioner before this Court may be excluded for the purpose of computation of limitation by the forum before whom fresh proceedings are instituted.
Decision:
The writ petition was dismissed with liberty to the petitioner to pursue such other remedy, as may be available in law, to raise his grievance against termination directed such forum to exclude the period spent by the petitioner before this court for the limitation purpose.
Case: Bhupesh Joshi. vs Birla Institute of Applied Sciences and others
Citation: WRIT PETITION (S/B) No. 87 OF 2017
Coram: Justice Vipin Sanghi and Manoj K. Tiwari
Dated: 29.11.2022
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