The Court affirms that a writ petition can be maintained against a minority-aided school if statutory provisions governing service conditions are violated.
In a landmark judgment, the Patna High Court has held that a writ petition is maintainable against a minority-aided school if the action complained of involves a breach of statutory provisions governing service conditions. The judgment was delivered in the case of Abha Rani v. State of Bihar, where the petitioner challenged her suspension and dismissal from a minority-aided school on the grounds of non-compliance with statutory provisions.
The case revolves around Plus 2 Arya Kanya Uchaya Vidyalaya, a minority-aided school in Khagaria, Bihar. Abha Rani, an Assistant Teacher at the school, was suspended and subsequently dismissed by the school's managing committee without obtaining the mandatory approval from the competent government authority, as required under the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 and its Amendment Act, 2011.
The petitioner argued that her suspension and dismissal were illegal, as they were carried out without the necessary government approval, which is a statutory requirement. She further contended that her service conditions are governed by statutory provisions, thereby invoking a public law element which makes her writ petition maintainable under Article 226 of the Constitution of India.
The school, however, raised an objection regarding the maintainability of the writ petition, claiming that the dispute arose from an ordinary contract of service, which does not fall under the purview of public law. The school's counsel relied on various Supreme Court judgments to support their argument.
Justice Alok Kumar Sinha, presiding over the case, examined the objection and the submissions made by both parties. The Court referred to several landmark judgments, including the Supreme Court's decisions in St. Mary's Education Society v. Rajendra Prasad Bhargava and Marwari Balika Vidyalaya v. Asha Srivastava, to emphasize that a writ petition is maintainable if the action complained of involves a breach of statutory provisions.
Justice Sinha held that the petitioner's case involved the alleged violation of statutory provisions requiring government approval for suspension and dismissal, which falls outside the realm of a mere private contract of service. The Court clarified that the writ petition is maintainable on the grounds of breach of statutory provisions, irrespective of the school's status as a minority-aided institution.
The judgment reiterates the principle that private bodies discharging public functions or duties can be subjected to judicial review if their actions violate statutory provisions governing service conditions. The Court's decision has significant implications for the enforcement of statutory rights against minority-aided schools and other private bodies performing public duties.
The case has been listed for further hearing on July 20, 2026, where the petitioner will have the opportunity to establish the breach of statutory provisions as alleged.
Bottom line:-
Maintainability of a writ petition against a minority-aided school - Writ petition maintainable if action complained of involves breach of statutory provisions governing service conditions, even if institution is discharging public functions or duties.
Statutory provision(s): Article 226 of the Constitution of India, Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981, Amendment Act, 2011 Sections 18(3)(b) and 18(3)(d).
Abha Rani v. State of Bihar, (Patna) : Law Finder Doc id # 2934770
