Writ petition is maintainable even against a private college if it is aided by the State

April 27, 2019:

Supreme Court has held that a writ petition is maintainable even against a private college if it is aided by the State.

A bench of Justice Nariman and Justice Kaul has passed the order in case titled BIJAY PRAKASH GUPTA vs THE STATE OF BIHAR on 22.04.2019.

Initially, the petitioner had approached the Patna High Court. There the Ld. Single judge dismissed his writ petition while holding “On the face of record, this writ application against the order of suspension passed by the Principal of an affiliated college or its confirmation by the Governing Body will not be maintainable, inasmuch as, neither the private college nor the Governing Body are State within the meaning of Article 12 of the Constitution of India. That being so, this application is wholly misconceived and the same is, accordingly, dismissed”.

Petitioner then challenged the rejection before a division bench of the High Court which also negated his case by opining “We agree with the learned single Judge. The Governing Body of a Non-Government College, though constituted under Section 60 of the Bihar State Universities Act, 1976 is not a State within the meaning of Article 12 of the Constitution. The petition under Article 226 of the Constitution shall not lie. Appeal is dismissed in limine”.

The petitioner then challenged order before the Supreme Court where he got some relief. Supreme Court has set aside the judgment of Patna High Court and observed as “Having heard learned counsel for both sides, we are of the view that merely dismissing the writ petition on the ground that it is not maintainable since a private college is involved is not correct. As has been correctly pointed out by the appellant, the institution is aided by the State of Bihar”.

Considering the peculiarity, the Supreme Court also concentrated on expeditious disposal and directed as “Given the fact that the appellant will retire within four months from today, while setting aside the impugned order, we request the High Court to take up the Writ Petition and decide it on merits at the earliest, preferably within a period of four months from today”.

Read all the orders here:

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