Bineeta Patnayak Padhi vs Union Of India & Ors
2021 Latest Caselaw 1931 Cal

09   12.03.2021
Sc
                                        W.P.A. 5544 OF 2021
                                           ----------------------

(Through Video Conference)

,

Bineeta Patnayak Padhi Vs.

Union of India & Ors.

,,

Ms. Sonal Sinha Mr. Avishek Prasad.

...For the Petitioner Mr. Y. J. Dastoor Mr. Vipul Kundalia Mr. Nilanjan Bhattacharjee Ms. Jaita Dhar.

...For the UOI

Heard counsel appearing for the parties.

The learned Additional Solicitor General has

raised a point with regard to maintainability of the writ

petition as the issue is in relation to a school that is

governed by the Societies Registration Act, 1860. He

further submits that since the issue in the writ petition is

in the realm of service matters and not in the realm of

any public duty that the school is providing, a writ would

not lie.

Ms. Sonal Sinha, learned counsel appearing on

behalf of the petitioner relies on the three judgments to

buttress her argument that a writ would lie :(2020) 14

SCC 449 [Marwari Balika Vidyalaya -vs.- Asha Srivastava

and Ors.]; 2018 SCC Online Raj 486 (Raju Ranjan v. Army

Welfare Education Society) and MANU/UP/3494/2014 :

(2014) ILR (1) All 469 [Rachna Gupta -vs.- Union of India.

The matter is adjourned to next Thursday (March

18, 2021) for the learned Additional Solicitor General to

rebut the judgments on the point of maintainability of the

writ petition.

(Shekhar B. Saraf, J.)